ill 



m 



; # 



•':•>' 



TATES 



m 



a* 



i»>. 



11 



Eg •• 

Ml 

1 








Class (J i ffe>\ 
Book / $/ £> 



Copyright ]N?_ 






COPYRIGHT DEPOSIT; 



, 



THE GOVERNMENT 
OF IOWA 

AND THE 

UNITED STATES 



BY 
CHARLES m MEYERHOLZ, A.M., Ph.D. 

Head of the Department of Government in the 
Iowa State Teachers College 



REVISED EDITION 



EDUCATIONAL PUBLISHING COMPANY 

BOSTON 
New York Chicag*) San Francisco 



3W# 



r 



\<\ 



.fl 



i 



Copyright, 1912, 1914 
By EDUCATIONAL PUBLISHING COMPANY 



Copyright, 1916 
By EDUCATIONAL PUBLISHING COMPANY 



/ 

FEB 25 1916 

©GI.A418990 



Go fl>? jfatber 






PREFACE 

In the preparation of this book the author makes no extensive 
claim to originality. The history and government of Iowa 
have been thoroughly investigated and quite thoroughly written 
up during the past ten years. Precision of statement and logic 
in arrangement, rather than the display of new material, has 
been the aim. The greatest problem in writing a text-book 
on local government is the attractive presentation of the funda- 
mental facts without including too much that is mutable. 
With each session of the General Assembly there is a change 
in many of the small details of state government. Some of 
these changes, although small, are important, others have little 
effect and are of little value to the student of Iowa civics. It has 
been the author's aim to emphasize those features of local and 
state government which are most permanent and essential. 

To the well-trained, energetic teacher no text-book is suffi- 
cient in itself. Such teacher will look about for additional 
material out of which to create a greater interest. Biography 
has not been entirely omitted in the preparation of this text, 
but in the estimate of the author, biography plays such an 
important part in the teaching of either history or government 
that the conscientious teacher will insist upon much outside 
work in that line from the student. Government is decidedly 
a study of men in action. Therefore the teacher of government 
realizes the value of the study of biography as a means of en- 
riching the subject and of creating a lively interest in class 
work. 

Too much emphasis can scarcely be laid upon the use of 
material illustrations. Local officers of the town and town- 
ship ought to be pointed out. The official work each has to do 

S 



PREFACE 



ought to be mentioned. The police force, the fire department, 
the mail carrier, the truant officer, are all acquaintances of the 
children in school. Their part in the government of the state 
and nation may be made topics of great interest. The county 
court house, containing the county offices, is not far away; 
primary elections and local conventions are held in every 
precinct; district court is held at the county seat; a state insti- 
tution may be near enough for the teacher and the class to 
visit; or they may visit the state capitol at Des Moines. 
These outside matters, so difficult to include in a text, may 
be so correlated with the daily class exercises as to result in 
great benefit to the student. 

The cordial reception granted the text, "History and 
Government of Iowa," during the first year of publication has 
encouraged the author to add a civil government of the United 
States. In presenting the combined text in state and national 
government, the author can only wish for the new edition 
the same generous acceptance that has been given the text 
on state government. The aim in the complete work is to 
present a text for rural and grade schools and for general 
use wherever elementary civics is taught in Iowa. 

The author wishes to acknowledge the courtesy extended 
by the Superintendent of the State Historical Department 
of Iowa in permitting the use of some of the maps appearing 

in the second edition. 

Charles H. Meyerholz 

Cedar Falls, Iowa, January, 1914. 



CONTENTS 

Government of Iowa 

CHAPTER PAGE 

I. Origin and Ownership of Iowa 9 

II. Early Settlements in Iowa 16 

III. Territorial Government 21 

IV. Early State Government 30 

V. Governors of Iowa 39 

VI. Governmental Units and Local Divisions ... 51 

VII. The Civil Township 62 

VIII. The County 69 

IX. Municipal Government 82 

X. Public Education 90 

XL The Cost of Education 97 

XII. State Government 104 

XIII. The Constitution of Iowa (Continued) .... 108 

XIV. The Constitution of Iowa (Continued) . . .117 
XV. The Constitution of Iowa (Executive Department) . 129 

XVI. The Constitution of Iowa (Executive Department) . 139 

XVII. The Constitution of Iowa (Judicial Department) . 148 

XVIII. The Constitution of Iowa (Selection of Juries) . . 157 

XIX. The Constitution of Iowa (The Militia) . . .161 

XX. Political Parties in Iowa 173 

XXI. Political Party Machinery 180 

XXII. Social and Economic Legislation 185 

XXIII. Taxation 190 

Appendix 195 

Index 209 



Government of the United States 



I. Colonial Government in America . 

II. Attempts at Union Among the Colonies 

III. The Making of the Constitution . 

IV. Origin and Nature of the Constitution 
V. Legislative Department 

VI. Legislative Department (Continued) 

VII. Executive Department 

VIII. Executive Department (Continued) 

IX. The Judiciary 

X. Territories and Territorial Government 

XL Miscellaneous Matters 

Appendix — The Constitution of the United States 
Index 



217 
222 
231 
239 
245 
253 
262 
270 
277 
283 
289 
295 
315 



HISTORY AND GOVERNMENT 
OF IOWA 

CHAPTER I. 

Origin and Ownership of Iowa * 

The Mound Builders were the earliest inhabitants of 
Iowa of whom we have historical evidence. Crude 
implements, human skulls and other human remains give 
evidence of a people who inhabited this section of the 
great Mississippi Valley even before the Mound Builders 
came. We know nothing of importance concerning these 
earlier peoples, but believe they were much lower in 
civilization than the Mound Builders and perhaps were 
savages. The Mound Builders left material remains 
from which we have learned much concerning their civi- 
lization and mode of living. They are called Mound 
Builders because in many parts of the Mississippi and 
Ohio Valleys they erected great mounds of earth to mark 
the burial places of their dead. These mounds, many of 
which are located on the bluffs along the Mississippi 

*The meaning of the word "Iowa" is disputed by different 
authorities. It is an Indian word and is spelled differently 
in the language of the early Indians who first used it. Some 
think it means "The Beautiful Land," others say it means 
"This is the Place." Two other explanations are not so 
satisfactory — "Across the River," and "The Drowsy Ones." 
The latter is doubtless not pleasing to the present inhabitants. 

9 



IO HISTORY AND GOVERNMENT OF IOWA 

River, are found to contain human skeletons, axes and 
other implements made of stone, copper vessels, stone 
knives and often stone carvings representing birds and 
animals. The greatest number of these mounds in Iowa 
are found along the Mississippi River from Dubuque 
south as far as Des Moines County, but similar mounds 
of earth are found in the Des Moines Valley and as far 
west as the Little Sioux River. A short distance north of 
Des Moines, on a high bluff, are many acres covered with 
such mounds. All these remains prove the Mound Builders 
to have been a people much superior in civilization and 
life to the Indians who seem to have come later. It is 
not known how long these early people were able to resist 
the invaders who drove them out. The people who were 
the ancestors of the Indians doubtless were their successors. 

The American Indians were the next inhabitants of 
Iowa if the evidence we now have is correct. The Indians 
who formerly occupied the soil of Iowa were not so savage 
and warlike as many tribes found in other parts of the 
United States. If they were cruel and treacherous as 
enemies they were also brave warriors and loyal friends 
to many white people with whom they soon began to trade. 
The Indians claimed the soil by right of conquest and occu- 
pation and next to the Mound Builders are recognized as 
the second owners of the soil of Iowa. The countries of 
Europe held the theory that lands discovered or found in 
the possession of uncivilized peoples were subject to 
seizure and settlement by any Christian nation. These 
European nations recognized the rights of the Indians as 
occupants of the soil, but asserted that discovery and 
settlement by Christian nations gave the right to extinguish 
the Indian title of occupancy. 

Claimed by Spain. On the morning of October 12, 
1492, Christopher Columbus, an Italian from the city of 



ORIGIN AND OWNERSHIP OF IOWA II 

Genoa, in the employ of the King and Queen of Spain, 
first saw the land of the western continent. He made 
discoveries among the islands of the West Indies and 
claimed the country for the Government of Spain. Colum- 
bus made three other voyages to America and discovered 
the coasts of Central and South America. A little later 
other Spanish explorers visited the coast of Florida and 
the Gulf region. During the Mediaeval period the 
authority of the Church was held superior to that of the 
State and the Pope at Rome claimed to be in the exercise 
of that authority. On the fourth of May, 1493, Pope 
Alexander VI. issued a bull, or proclamation, dividing 
the unchristian world into two parts, giving the western 
part to Spain and the eastern part to Portugal. As a 
division line he chose the meridian one hundred leagues 
west of the Azores. Later (1494) the line was fixed at 
three hundred and seventy-five leagues west of the Cape 
Verd Islands. At that time Spain and Portugal were 
the leading nations of the world in making discoveries and 
explorations. Spain's claim to America made by Colum- 
bus was strengthened by this act of the Church asserting its 
authority. Thus Spain was the first among Christian 
nations to claim the soil of Iowa. 

Claimed by England. In the year 1497, John Cabot 
sailed from Bristol, England, and in the names of the King 
and Queen discovered and explored the coast of North 
America from Labrador towards the south. Later his 
son Sebastian made another expedition to our eastern 
shores. On these discoveries and explorations England 
based a claim to the American continent south of the St. 
Lawrence River and north of the Spanish claims, and 
extending from the Atlantic to the Pacific Oceans. From 
this time England also claimed the soil of Iowa. 

Claimed by France. In the early years of the sixteenth 



12 HISTORY AND GOVERNMENT OF IOWA 

century, France made extensive settlements in the St. 
Lawrence Valley and later pushed farther west and es- 
tablished trading posts along the Mississippi and Ohio 
Rivers. In the spring of 1673$ James Marquette, a 
French Jesuit missionary, and Louis Joliet, a French- 
Canadian fur trader, crossed the lakes and followed the 
Wisconsin River down to the Mississippi. They then 
floated down the Mississippi in boats and were probably 
the first white men to see Iowa. They made a landing 
on Iowa soil, on June 25, 1673, at the mouth of the Des 
Moines River. In 1682, La Salle descended the Illinois 
River, then passed down the Mississippi to the Gulf. On 
the basis of these two expeditions, France claimed the 
territory drained by the Ohio and Mississippi Rivers 
and called it Louisiana after King Louis XIV. Now 
France became another claimant to the soil of Iowa. 

France Cedes Claim. A dispute soon arose between Eng- 
land and France over the ownership of the territory in the 
valleys of the St. Lawrence and Ohio Rivers. The trouble 
increased when the English and the French inhabitants 
began to make settlements in the Ohio Valley. War broke 
out in 1755, and by the treaty of Paris, which closed the 
conflict in 1763, France ceded to England Canada, ex- 
cept three small islands near Newfoundland, and her 
possessions east of the Mississippi River, except New 
Orleans. France then ceded her possessions west of the 
Mississippi and New Orleans to Spain. This gave 
Spain undisputed ownership of the soil of Iowa. 

Purchased by the United States. With the close of the 
French Revolution, about 1799, Napoleon Bonaparte 
became the leading ruler in Europe. He rapidly made 
new treaties of alliance with the leading nations on the 
continent. By the secret treaty of San il de Fonso, of 
October 1, 1800, Spain ceded the territory west of the 



ORIGIN AND OWNERSHIP OF IOWA 1 3 

river to France. So we find France again the owner of 
the territory a part of which later became Iowa. But 
France found a great rival in England and was anxious 
to destroy its power and reduce its territory. Napoleon 
feared England would seize Louisiana and annex it to the 
territory she already owned. About the same time the 
United States had great difficulty over the navigation of 
the lower Mississippi. While Spain yet owned the 
Louisiana Territory and the land on both sides of the 
mouth of the Mississippi the Spanish authorities often 
charged exorbitant duties on goods shipped up the river 
destined for towns in the United States. These troubles 
continued after France received the territory from Spain 
in 1800. Congress decided to make a new treaty with 
France and if possible to purchase the territory on either 
side of the mouth of the river. President Jefferson 
instructed Robert Livingston, who was then minister to 
France, to make a treaty, and later sent James Monroe 
to assist in the negotiations. A treaty was negotiated 
and signed on April 30, 1803, by which France sold the 
Louisiana Territory to the United States. By this treaty 
of purchase the soil of Iowa for the first time came into 
the possession of the United States. 

Territorial Organization. On October 31, 1803, Con- 
gress passed an act placing the Louisiana Territory under 
the direct control of the President, who was to exercise 
all military, civil and judicial power through such officers 
as he would appoint. On March 26, 1804, Congress 
passed an act dividing the Louisiana Territory on the 
thirty-third parallel and called the south part the Territory 
of Orleans and the north part the District of Louisiana. 
To the Territory of Orleans Congress gave an organized 
government, consisting of governor, secretary, legislature 
and judiciary, all of whom were to be appointed by the 



14 HISTORY AND GOVERNMENT OF IOWA 

President. The north part, called the District of Louisi- 
ana, was placed under the control of the governor and 
judges of the Territory of Indiana, who were to establish 
courts in the district and prescribe their jurisdiction. 
Iowa was then a part of this District of Louisiana. On 
March 3, 1805, Congress changed the name, District of 
Louisiana, to Territory of Louisiana and gave it a terri- 
torial government of its own to be administered by a 
governor, secretary and judges. Iowa was thus a part 
of the Territory of Louisiana. 

Part of Missouri. On June 4, 181 2, Congress passed 
an act changing the name of the Territory of Louisiana 
to the Territory of Missouri and gave it an organized 
form of government. Iowa existed as a part of the 
Territory of Missouri until that territory was admitted 
into the Union as a State on August 10, 1821. From 
182 1, Congress seemed to have forgotten about the 
territory to the north of Missouri and it remained without 
a government and the protection of law until a crime was 
committed in 1834, when the attention of Congress was 
called to its condition and all this territory was included 
within the Territory of Michigan. 

With Michigan and Wisconsin. Iowa existed as a 
part of the Territory of Michigan from June 28, 1834, 
until April 20, 1836, when Michigan was reduced to its 
present size and the remainder of that territory was or- 
ganized under the name of Wisconsin. From 1836 until 
June 12, 1838, Iowa was a part of Wisconsin Territory, 
but was on that date separated from Wisconsin, and all 
that part of Wisconsin Territory lying west of the Missis- 
sippi was organized under the Territory of Iowa. 

Iowa Territory. Iowa Territory was bounded on the 
south by the State of Missouri, on the west by the 



ORIGIN AND OWNERSHIP OF IOWA 1 5 

Missouri and White-earth Rivers, on the north by Canada, 
and on the east by the Mississippi River and a line due 
north from the head waters of that river to the Canadian 
line. Thus Iowa Territory included the present State 
and parts of Minnesota and of North and of South Dakota. 
Iowa remained a territory until December 28, 1846, when 
it was admitted into the Union as a State. 



QUESTIONS 

1 Who were the Mound Builders? 

2 Compare the Indians and the Mound Builders in their 
habits of life. 

3 Trace the steps in European claims to Iowa territory. 

4 To what different territories in the United States did 
Iowa belong? 

5 What is the origin of the name "Iowa"? 



CHAPTER II, 

EARLY SETTLEMENTS IN IOWA 

Indians in Iowa. When the first white men of Europe 

explored the lands west of the Mississippi River they found 
the American Indians living in wigwams clustered in 
villages along the hillsides and streams. They made 
their living by hunting and fishing and by a crude form of 
agriculture by which they stirred the soil with sharp sticks 
and raised maize and other grains. Iowa was an ideal 
land for the Indian. On the hills and in the valleys were 
deer, and on the prairies were found the buffalo. Wild 
turkeys, prairie chickens, grouse and other wild game were 
to be found on the meadows and in the thickets. Plums, 
grapes, and other wild fruits were in abundance. 

The Indians iound predecessors in die Mound Builders, 
a race of people who differed in stature and in mode of 
living from themselves. The numerous great mounds of 
earth found on the high bluffs along the Mississippi River 
tell a long story of the life and habits of these interesting 
people. Their departure was doubtless hastened by the 
bands of savage Indians who came into the Mississippi 
Valley from both the east and the west. Some of the most 
noted tribes of Iowa Indians were the Sioux, who held the 
regions in the north of Iowa and Minnesota and pene- 
trated into Dakota. The Sacs and Foxes, who roamed 
over the plains of Iowa, Illinois and Wisconsin, were mem- 
bers of the Algonquin tribe from the eastern Middle States. 
The Iowas were in the southern part of the State and the 
Dakotas came from the northwest. There were many 

16 






^ 






3. 



^r 



<J> 






2 



if 



V 



^ 



■0 >- 



£ 

Q 









x.* 



>? 



N> 



^ 






jtussouti. \| J ■ ^ T 



EARLY SETTLEMENTS IN IOWA 1 7 

other tribes among whom were the Winnebagoes, Potta- 
wattamies, Chippewas, Ottawas, and the Illini. Many 
of the counties, cities and towns derived their names from 
Indian tribes and from the Indian chiefs. 

The Indians Lost Iowa. The transfers of lands from 
the Indians to the whites were made through treaties. 
Delegates representing the United States and delegates 
representing the Indians met and agreed on terms. The 
Government paid for the territory and the amount and 
other details were put into writing and the chiefs made their 
marks as signatures. The Indians were often unable to 
cope with the white man's shrewdness and generally were 
badly cheated. Bright colored blankets, fire-arms and 
whiskey often purchased more than their value in lands. 
The most noted treaty by which Iowa lands were secured 
from the Indians was in 1830, when the United States 
bought from the Sacs and Foxes, Sioux, Omahas, Otoes 
and Missouri's, a large portion of the western part of the 
State, by paying a small sum to each of the tribes. An- 
other large area was secured by the Black Hawk Purchase 
in 1833, and in 1836 the four hundred square miles re- 
served for the Sacs and Foxes, and comprising Louisa 
County, was secured by the whites. 

First White Settlers. It was more than a hundred years 
after Marquette and Joliet first landed on Iowa soil before 
the first white settlers came to establish homes on the west 
side of the Mississippi. The first white man to settle in 
Iowa and to earn a living from the products of its soil 
was Julien Dubuque, a Frenchman, who came to what is 
now the city of Dubuque, in 1788. He learned from the 
Indians what rich deposits of lead were found on the banks 
of the river and he obtained from the Indians the sole right 
to work the lead mines. He took ten French-Canadians 



l8 HISTORY AND GOVERNMENT OF IOWA 

with him and by a treaty signed with the Foxes on Septem* 
ber 22, 1788, at Prairie du Chien, he acquired the desired 
lands and immediately began operations. Dubuque built 
a log house, planted corn and other grains, and soon made 
his men comfortable in the little village. In March, 1810, 
Dubuque died and was buried on the bluffs near by the 
village. A wooden cross above the grave contained the 
inscription, "Julien Dubuque, Miner of the mines of 
Spain." 

In 1795, or seven years after the first settlement made 
in Iowa, another Frenchman, whose name was Basil Gail- 
lard, sometimes referred to as Giard, settled a little farther 
north along the river on the present site of McGregor in 
Clayton County. He is reported as having known Dubuque, 
and the two men sometimes traded together. Several 
years later, after the death of Gaillard, his heirs sold the 
immense tract of land for the small sum of three hundred 
dollars. 

A third settler on Iowa soil was Louis Honori, who settled 
near Montrose in Lea County. He obtained a title to his 
lands from the Lieutenant-Governor of Louisiana Territory 
in 1799. In 1839, the United States issued a title to some 
of this land and it is said to be the earliest title to any soil 
in Iowa. A little later came Dr. Muir, a Scotch surgeon 
in the army, who was at first stationed in a frontier fort in 
Illinois and who later built a house on the present site of 
the city of Keokuk. Another early settler was Antoine 
LeClaire, who was among the first to settle at Davenport. 
A little later came Colonel George Davenport, a trader 
and army contractor, who settled in Davenport about 
1820. It was after him that the city of Davenport took 
its name. 

Two expeditions sent out for the purpose of exploration 
deserve mention in connection with the early history of 
Iowa. The first was the Lewis and Clark Exoedition, s^,nt 



EARLY SETTLEMENTS IN IOWA 



19 



out by President Jefferson, and starting from St. Louis in 
1804. The second was that under Lieutenant Zebulon 
Montgomery Pike, sent out by the army, also starting from 
St. Louis, but a year later. Pike was to explore the 
Mississippi River to its source, and to select suitable places 
for the erection of forts to secure the newly purchased 
territory. Lewis and Clark were instructed to follow up 
the Missouri to its source, and if possible to explore the 
country over to the Pacific Coast. They, like Pike, were 
instructed to meet the Indians and explain their mission 
and to cultivate their friendship by giving them presents. 
They held a council at a point along the great bluffs on the 
Missouri about opposite from the present site of Council 
Bluffs. Other places were visited by the same expedition; 
among them was Sioux City, during the month of August, 
1805. 

Other settlements were later made within the interior 
of the state along the Des Moines, Iowa and Cedar Rivers. 
Many of these earliest settlements were made by fur 
trading companies, among which were the American, the 
Green Bay, and the stations controlled by the Chouteaus 
of St. Louis. Pierre Chouteau, Sr., established a trading 
post where the city of Ottumwa now stands. In 1838, the 
agency for the Sac and Fox Indians was located where 
Agency City now stands, and General Joseph M. Street was 
placed in charge. Settlements gradually spread to the 
north, and in 1843 a f° rt was built on the spot where Des 
Moines now stands. The fort was at first called Fort 
Raccoon and was under the command of Captain James 
Allen; later the name was changed to Des Moines. Fort 
Clark was another early settlement, made in 1850, and 
later became Fort Dodge at the suggestion of General 
Winfield Scott. Such forts were established all over the 
central and western part of the territory to give protection 
to the pioneer settlers as they gradually claimed the soil 



20 HISTORY AND GOVERNMENT OF IOWA 

from the Indians. Most of them continued as forts 
only long enough to assure a peaceful settlement by the 
whites. 



QUESTIONS 

i. Name the different Indian tribes found in early Iowa. 

2. What natural resources first attracted white people to 
Iowa? 

3. Name the early settlements in Iowa. 

4. Why were so many military forts established in Iowa in 
the early days? 

5. Describe the soil of Iowa. 

6. What are the chief farm products in Iowa? 

7. What are the chief mineral products? 

8. What was the Spirit Lake massacre? 

9. Name five towns or cities named after Indians. 

10. From whence did the early white settlers come to 
Iowa? 



CHAPTER III. 



Territorial Government 



Origin of Territorial Lands. When the colonies won 
their independence from England with the close of the 
Revolutionary War, they also won the title to the country 
lying between their western boundaries and the Mississippi 
River. Seven states — Massachusetts, Connecticut, New 
York, Virginia, North Carolina, South Carolina, Georgia — 
claimed these western lands as parts of their colonial areas. 
Six of the states had no western lands and they declared 
these lands lying to the west ought to be ceded to the 
Federal Government, and owned by the states in common, 
as they had all fought for a common cause during the war 
and all ought to share equally in the lands taken from 
England. The states without lands won their demands 
by refusing to adopt the Articles of Confederation until the 
other states consented to give up their western land claims. 

Origin of Territorial Government. As early as 1780, 
it was evident the Federal Government would eventually 
become the owner of this great area commonly known as 
the Northwest. Three years later, Congress began to 
consider plans of government for the people who were 
rapidly settling this region. On April 23, 1784, an 
Ordinance was passed by Congress providing for a tem- 
porary government, but the provisions of that first Ordi- 
nance were not satisfactoiy to many people and no settle- 
ments were made under it. The subject was debated in 
Congress for three years longer before any definite action 
was taken. Finally, on July 13, 1787, another Act, known 

2* 



22 HISTORY AND GOVERNMENT OF IOWA 

as the Northwest Ordinance, was passed by the Congress 
of the Confederation and provided a territorial govern- 
ment for the territory northwest of the Ohio River. 

The Northwest Ordinance. The Organic Act of July 
13, 1787, for the government of the Northwest Territory, 
is a state paper second in importance only to the Constitu- 
tion of the United States. The Ordinance embraced three 
distinct purposes. First, it granted to the inhabitants of 
the territory those fundamental political and personal 
rights which are deemed to lie at the basis of the American 
system of government. They include the recognition of 
the equality of inheritance; the absolute freedom in belief 
and worship; the prohibition of legislation violating the 
obligation of contract; the necessity for ample provision 
for education; the fair treatment of the Indians; and the 
prohibition of slavery in the territory. Second, it was a 
constitution or fundamental law for the immediate govern- 
ment of the territory. To this end it superseded the 
Ordinance of April 23, 1 784. Third, it declared the general 
attitude of the Federal Government in what it deemed 
should be the ultimate status of such territory. It speci- 
fically stated that this territory was to be perpetually a 
part of the Union and when it reached a sufficient stage of 
development was to be admitted into the Union in not less 
than three or more than five states. In this Act, which 
formed the basis for all future acts for the government of 
territories, Congress definitely asserted its absolute su- 
premacy over unorganized territory, and the limitations 
it proposed to place over such territory as it organized. 

Relation to Federal Government. An organized territory 
remains under the absolute control of Congress, and may 
at any time suffer its Organic Law repealed or its area 
divided and another territory created. The territory 
differs then from a state in that the territory is subject 



TERRITORIAL GOVERNMENT 



23 



directly to the laws of Congress, while the state is subject 
to the Constitution of the United States and may exercise 
all powers not prohibited to it by the Constitution. Be- 
cause of this difference the states have privileges not enjoyed 
by the territories. The people of a territory have no voice 
in the election of President, and they have no senators or 
representatives in Congress. Each territory does have a 
delegate in the national House of Representatives. He is 
elected by the people of the territory and has the right to 
take part in debate, but not to vote. 

Organic Act of Iowa. The Organic Act making Iowa 
a separate territory was passed by Congress on June 12, 
1838. It was a written constitution according to which 
the territory was to be governed. It differed from the 
present State Constitution in that it was made by Congress 
and not by the people of the territory. It was similar in 
many ways to the State Constitution and divided the 
government into executive, legislative and judicial de- 
partments, provided officers for each, and defined their 
duties. The Act begins by defining the boundaries of the 
territory. It was to include the part of Wisconsin Terri- 
tory not included within that state. Iowa Territory was 
bounded on the south by the northern boundary of the 
State of Missouri, on the west by the Missouri and White- 
earth Rivers, on the north by Canada and on the east by 
the Mississippi River and by a line due north from the 
source of the Mississippi to Canada. It therefore in- 
cluded the present State of Iowa and parts of Minnesota, 
North Dakota and South Dakota. Congress reserved the 
right of dividing the territory into two or more territories 
at its own discretion. 

The Executive Authority. The Organic Act vested the 
executive power and authority in a governor, who was to be 
appointed by the President of the United States with the 



24 HISTORY AND GOVERNMENT OF IOWA 

consent of the Senate, and was to hold office for a period of 
three years unless sooner removed by the President. The 
duties of the governor were carefully enumerated. He 
was to be, above all, a general executive officer and ad- 
ministrator of the affairs of the territory. He was com- 
mander-in-chief of the militia, superintendent of Indian 
affairs, and was required to approve all laws of the terri- 
torial legislature, which gave him the absolute veto power. 
The veto power was modified by Congress in 1839, so as 
to allow the legislature to pass an act over the governor's 
veto by a two-thirds vote of both houses. The governor 
could pardon all offenses against the laws of the territory 
and could grant reprieves for offenses committed against 
the laws of the United States, until the decision of the 
President could be made known. The act further pro- 
vided that with the advice and consent of the legislative 
council the governor was to appoint all judicial officers, 
except those of the staff, and all civil officers not therein 
provided. He also could appoint to office in case of 
vacancy occurring during recess of the council. The 
governor was also given authority to initiate the new 
government, to call the first elections and to determine the 
place of meeting of the first legislature. In fact, the 
authority of the governor under the territory was in many 
respects greater than that of state governor of later date. 

Other Officers. The Organic Act further provided for 
a secretary, a marshal, an attorney, a chief justice and 
two associate justices. All these were to be appointed by 
the President and confirmed by the Senate. The governor 
and other six officers constituted the chief officials of the 
territory. All but the governor were appointed to serve 
for four years or until removed by the President. These 
officials were generally chosen from outside the territory, 
and it was not until recent times that territorial govern- 



TERRITORIAL GOVERNMENT 25 

ors, secretaries and judges have been frequently chosen 
from among the people they are to serve. It was the duty 
of the secretary to keep a record of all acts and proceedings 
of the governor in his executive department, and to record 
and preserve copies of all laws enacted by the legislature. 
On or before the first Monday in December each year it 
was his duty to forward one copy of each to the President 
of the United States and to send two copies of each to the 
Speaker of the House of Representatives for the use of 
Congress. In case of death, removal, resignation, or 
necessary absence of the governor, the secretary of the 
territory was to fill the office until the President made 
another appointment. The power of the President to 
appoint and remove territorial officials, and the power of 
Congress to accept or reject any legislation that the 
territory enacted, formed a close connecting link between 
the territorial and Federal Governments. 

The Legislative Authority. The legislative authority 
was vested in a governor and a legislative assembly. The 
legislative assembly consisted of two houses, an upper 
house, called the Council, and a lower house, called the 
House of Representatives. The Council consisted of 
thirteen members chosen by the qualified electors of the 
territory to serve for a period of two years. The House 
of Representatives consisted of twenty-six members 
elected by the qualified electors for a period of one year. 
The powers of the legislature were great and in some 
respects comprehended a broader sphere of activity than 
is now possessed by the state legislature. The legislative 
power was to extend to all rightful subjects of legislation. 
There were, however, certain limitations upon the powers 
of the legislature. No law could be passed interfering 
with the primary disposal of the soil; no tax could be 
imposed upon property of the United States; the lands 



26 HISTORY AND GOVERNMENT OF IOWA 

and other property of non-residents could not be taxed 
higher than those of residents, and all laws of the territory- 
had to be submitted to Congress, and if disapproved by 
that body, were to be void. The first legislature passed 
acts providing for the location of the territorial capital at 
Iowa City; for the establishment of a code of criminal 
procedure; for the chartering of corporations for business 
purposes; for the further organization of counties which 
had been begun under Michigan and Wisconsin Terri- 
tories, and for the protection of personal property and the 
securing of personal rights. 

The Judicial Authority. The judicial authority was 
vested in a Supreme Court, District Courts, Probate 
Courts, and in justices of the peace. The Supreme 
Court consisted of a chief justice and two associate 
justices, any two of whom were to constitute a quorum, 
and who were to hold a term of court at the seat of 
government annually, and were to serve for a term of 
four years. The territory was divided into three judicial 
districts and one judge was to preside over each district 
and to take up his residence in the district over which he 
presided. As judges of the Supreme Court they met once 
a year at the seat of government, and as District judges 
they held court in the counties, each in his own district. 
The jurisdiction of the courts and of the justices of the 
peace was left by the Organic Act to be provided for by 
the legislature, except that the justices of the peace were 
denied jurisdiction in cases when the titles or boundaries 
of lands were in dispute or when the sum in controversy 
exceeded fifty dollars. The justices' courts were the 
lowest courts of the territory and their jurisdiction was 
co-extensive with the county. These justices were at 
first appointed by the governor, but later, by an amend- 
ment to the Organic Act, they were elected by the people. 



TERRITORIAL GOVERNMENT 27 

Cases could be appealed from the justices* court to the 
district courts and from there to the Supreme Court of the 
territory, which was final for all cases in which the sum 
in controversy did not exceed one thousand dollars. 
Cases involving larger amounts could be appealed to the 
Supreme Court of the United States. Indictments for 
offenses against the laws of the territory were brought by 
grand juries and the cases were tried in the courts by petit 
juries in the same manner as they are to-day under the 
laws of the state. An attorney and a marshal were also 
appointed by the President to assist the courts in the 
prosecution of cases arising. District attorneys were 
appointed by the governor and were to prosecute all cases 
against the territory arising within their respective dis- 
tricts. 

Local Institutions. Counties were already surveyed 
and established in Iowa, while the territory was yet under 
the jurisdiction of Wisconsin. Twenty-two counties had 
been organized and officers elected to carry out the local 
government. The power to establish counties in the 
territory of Iowa was given to the legislature. Each 
county was under a Board of three commissioners, whose 
duties and powers corresponded to those of our present 
Boards of county supervisors. The commissioners ap- 
pointed their own clerk who performed such duties as 
are now performed by the county auditor. Other officers 
of a county were a sheriff, a recorder, a surveyor, an 
assessor, constables and justices of the peace. The 
commissioners held office for three years, the sheriff, 
recorder, surveyor, constables and justices of the peace 
held office for two years, and an assessor was appointed 
annually for each county. 

Education. The Organic Act had but little to say 
concerning education, but Robert Lucas, the first terri- 



28 HISTORY AND GOVERNMENT OF IOWA 

torial governor, was a public-spirited man and was en- 
thusiastic for education and the moral development of 
the people. His first message to the territorial legislature 
contained a recommendation for a public school system. 
He said, "There is no subject to which I wish to call your 
attention more emphatically than the subject of estab- 
lishing at the beginning of our political existence, a well- 
digested system of common schools." The legislature 
acted upon his advice and provided that the county com- 
missioners should divide their respective counties into 
school districts whenever a petition signed by a majority 
of the voters within such districts should be presented to 
them. The people did not consider education of so great 
value in those early days and it seems that no districts 
were actually organized under that law. 

Suffrage. The right of suffrage was granted to the 
people of the territory by the Organic Act and was 
further declared by an act of the territorial legislature 
in the following terms: "No person shall be entitled to 
vote at any election in this territory who has not attained 
the age of twenty-one years, who is not a free white male 
citizen, and who has not resided in this territory at least 
six months immediately previous to his application to vote. 

The Boundary Question. The boundary line between 
the Territory of Iowa and the State of Missouri soon became 
a matter of dispute and Congress was called upon to settle 
the question. On June 18, 1838, Congress passed an 
act providing for a commission to ascertain the 
proper division line and to mark it. The act provided for 
three commissioners, one from Missouri, one from Iowa, 
and one to be chosen by Congress. Missouri refused to be 
represented upon the commission and continued to claim 
lands in Iowa Territory, and to collect taxes from them. 



TERRITORIAL GOVERNMENT 2Q 

Iowa authorities offered to refer the entire matter to Con- 
gress, but Missouri refused and threatened to invade Iowa 
with an armed force. Robert Lucas, then governor of 
Iowa Territory, claimed the dispute was not one between 
Missouri and Iowa, but between Missouri and Congress, 
and as the representative of the rights of Congress over 
the territory, he would hold the disputed lands at all 
hazards and do so by armed forces. The Missouri 
authorities then consented to refer the entire question 
to the United States Supreme Court, by whose decision, 
in 1848, all the land claimed by Iowa was awarded to the 
territory. 

QUESTIONS 

1. Tell something of the Northwest Ordinance of 1787. 
Where does Congress derive its authority to control territory ? 

2. Bound the Territory of Iowa. 

3. What is the name given to the fundamental charter of a 
territory ? Who makes it ? 

4. How are the chief officers of a territory chosen? 

5. Which were the earliest counties formed on Iowa soil? 

6. Who was Sergeant Floyd? 

7. Who were permitted to vote in the Territory of Iowa ? 

8. What limitations were placed upon the territorial 
legislature ? 

9. What action did the first legislature take concerning 
public schools? 

10. When were colored people first allowed to vote in 
Iowa? 



CHAPTER IV. 

EARLY STATE GOVERNMENT 

Rights of the People. The political and personal rights 
of the people of Iowa, both as a territory and as a state, 
had their origin in the rights first guaranteed by Congress 
to the people of the Northwest Territory. In the previous 
chapter we learned these rights embraced the right of equal- 
ity of inheritance; freedom of worship; the right and ne- 
cessity of establishing public schools; the prohibition of 
slavery within the territory; the maintenance of recognized 
legal rights at common law, such as trial by jury, the writ 
of habeas corpus, the holding of private property, moderate 
fines and no cruel or unlawful punishment; and that all 
persons shall be bailable unless held for capital offenses. 
These fundamental rights were retained in each of the 
territorial governments of the subdivisions of the North- 
west Territory, and we find them restated in the territorial 
governments of Michigan, Wisconsin and of Iowa, in the 
following language: "The inhabitants of the said territory 
shall be entitled to and enjoy all the rights, privileges and 
advantages granted and secured to the people of the United 
States northwest of the river Ohio." 

The Origin of Institutions. Almost all institutions 
found in the state at a later date had their origin in the 
territory. The calling of elections, the taking of the 
census, the enumeration of officers and many other func- 
tions and duties were provided for by the provisions of the 
Organic Act. The Organic Act also made provision for 
the purchase of a library to be kept at the seat of govern- 
30 



EARLY STATE GOVERNMENT 3 1 

ment. The first territorial legislature granted charters of 
incorporation to the cities of Davenport and Muscatine, 
and gave away many exclusive privileges to individual 
citizens, such as charters for the operation of ferry-boats 
across rivers and the running of stage-coaches. The first 
legislature also provided for the erection of a penitentiary 
at Fort Madison and voted to build a capital building on a 
site to be selected in Johnson County. In 1838, agri- 
cultural societies were formed for the stimulus of better 
farming. Later these early agricultural meetings were 
incorporated under the laws of the territory, and later still 
developed into county fairs. The territorial legislature 
made provision for the education at the public expense of 
all white children of the territory and encouraged the 
founding of academies and seminaries. On December 29^ 
1838, the legislature passed an act incorporating The 
Wapello Seminary in Louisa County. Fort Madison, 
Burlington, Dubuque, Davenport, Keosauka and Mount 
Pleasant were among other early towns having these 
schools. Banks were also chartered at an early date. The 
second general assembly of the state established a state 
university at Iowa City and provided that it have two 
branches, one at Dubuque and the other at Fairfield. 
These branches were never erected and soon that part of 
the act was repealed. An act was also passed providing 
for Normal Schools at Andrew, Oskaloosa and Mount 
Pleasant. This act was also repealed and a normal de- 
partment w?s attached to the University until 1876, when 
the legislature authorized the organization of such school 
at Cedar Falls. 

Territorial and State Capitals. Iowa, as both territory 
and state, has had three capital cities. When Wisconsin 
was first organized as a separate territory in 1836, there 
was a rivalry between the Mississippi River towns for the 



32 HISTORY AND GOVERNMENT OF IOWA 

seat of government. A vote of the people finally decided 
the matter in favor of Madison, now the state capital of 
Wisconsin. The provisional law accepting the choice of 
the people was so drawn up as to provide a temporary 
capital at Burlington until a suitable building could be 
provided at Madison. The capital was to remain at 
Burlington until March 4, 1839, unless the buildings were 
completed earlier than that date. The first building used 
as a capitol in Burlington was erected by a wealthy man 
of the territory, named Smith, but this building was de- 
stroyed by fire in the fall of 1837, and during the next 
session of the legislature the two Houses met in separate 
buildings. The Council met in the upper room of a store 
building and the House of Representatives met in a frame 
building not far away. When Iowa was organized as a 
separate territory, with a government of its own, in 1838, 
the Organic Act provided that the legislature should hold 
its first session at such time and place in the territory as 
the governor should appoint and direct. The act also 
provided that the governor and legislature should as soon 
as possible locate and establish a seat of government for 
the territory. Robert Lucas, the first governor, decided 
to continue Burlington as the capital city of the territory 
of Iowa and called the first territorial assembly together 
there in November, 1838. The first session was held in 
Zion Church. This old building was built of brick and 
was used as a court-house and general public building, be- 
sides housing the first territorial legislature. 

The first territorial legislature decided to locate the per- 
manent capital farther west and provided for a commission 
to select a site. The commission finally decided on a site 
on the banks of the Iowa River in Johnson County, now 
occupied by Iowa City. On April 3c, 1841, Robert Lucas, 
as governor, issued a proclamation changing the capital 
from Burlington to Iowa City, where it remained through- 




OLD ZION CHURCH, CAPITOL OF IOWA TERRITORY 



EARLY STATE GOVERNMENT 



33 



out the territorial period. The capital remained at Iowa 
City after Iowa became a state, but as settlements extended 
westward the feeling grew that the capital ought to be 
located nearer the center of the state. Des Moines was 
at that time the only town in the central portion of the state 
of any considerable size and it was selected to be the per- 
manent capital. In November, 1857, the capital was re- 
moved to Des Moines and the records, furniture and equip- 
ments of the offices of state were drawn across the country 
on bob-sleds and placed in the new building in that city. 
"The capitol building was in the midst of heavy woods, 
with squirrels, quail and grouse abundant. Along Four 
Mile Creek, to the east, were wild turkeys, and an occa- 
sional elk and deer. There were no sidewalks near the 
capitol. Hazel brush was dense. Not far off was a pond 
containing muskrats. The only bridge across the river was 
a pontoon structure. The East Side, the side on which 
the capitol then, as well as to-day, was located, had about 
thirty houses. Muddy lowlands stretched between the 
capitol and the river."* The temporary capitol building 
at Des Moines was a three story structure and resembled 
a modern school building rather than a state capitol. The 
present beautiful capitol was begun in 1873, and finished 
twelve years later at a cost of more than three million dol- 
lars. The Iowans are proud of their capitol, asserting that 
during the entire period of its erection not a single action 
expired that was not honest and worthy of being approved 
by the people, and the entire cost was much less than is 
often expended upon similar public build ings.f 



Making of the Constitution. As early as the fall of 
1839, Governor Lucas recommended that the legislative 



*" The Making of Iowa." Henry Sabin. 
t" History and Government of Iowa." 
Page 125. 



Page 198. 

Seerley and Parish. 



34 HISTORY AND GOVERNMENT OF IOWA 

assembly memorialize Congress for permission to form a 
Constitution. No definite result came from this recom- 
mendation. In 184c, the question of calling a constitu- 
tional convention was submitted to a vote of the people. 
It was defeated by a large majority. The same question 
was again submitted to the people in 1842, and was again 
defeated by a decisive vote. The opponents of state or- 
ganization continued to express fear lest the change from 
territory to state would greatly increase the burden of 
taxation. They also claimed a state government could not 
increase their advantages beyond what the territory al- 
ready gave except in the matter of representation in Con- 
gress and that would not recompense for the added bur- 
dens of taxation. The Whigs, who were then rapidly 
gaining strength under their Whig governor, claimed the 
Democrats only urged statehood for the purpose of pro- 
viding places for Democratic office-seekers. In Decem- 
ber, 1843, Governor Chambers sent a recommendation to 
the legislature urging that the question of forming a Con- 
stitution and applying for admission into the Union be 
again submitted to the people. By this time the popula- 
tion of the territory numbered over seventy thousand 
people and the governor felt sure Congress would admit the 
territory to statehood if the people would only vote in 
favor of becoming a state. Two years of growth and re- 
flection had brought about a change in sentiment. The 
people had evidently become convinced that statehood had 
advantages over territorial government and the legislature 
voted to submit the question to the people once more. The 
vote was taken in the township elections in April, 1844, 
and this time the people voted in favor of framing a Con- 
stitution and applying for admission into the Union as a 
state. Delegates were elected and a convention was held 
at Iowa City, October 7, 1844, a ^ which time a Constitu- 
tion and boundary lines were agreed upon for the new 



EARLY STATE GOVERNMENT 35 

state. These lines included a large part of the present 
state of Minnesota, but excluded a tract embracing all the 
present counties of Lyon, Osceola, and Sioux, and parts of 
Dickinson, O'Brien, Plymouth and Woodbury. The pro- 
posed Constitution, with outlined territory for the proposed 
state, was submitted to Congress for approval, but that 
body saw fit to change the proposed boundary lines, and 
when it was submitted to the people at an election in April, 
1845, ^ was defeated. Then the question of adopting the 
Constitution, as it was framed by the convention, was voted 
on and it too was defeated. It was not until May 4, 1846, 
that another constitutional convention convened at Iowa 
City and this time succeeded in framing such Constitution 
and defining such boundaries as would meet the approval 
of both the people of the state and of Congress. The 
boundaries described in the Constitution were identical 
with those of the state at the present time and the provisions 
of the Constitution were such as were in harmony with a 
statehood bill then pending in Congress. This Constitu- 
tion was adopted by the people at an election held August 
3, 1846, the vote being 9492 for and 9036 against the Con- 
stitution. Congress ratified the action of the people and 
Iowa was admitted into the Union as the twenty-ninth state 
on December 28, 1846. The question of amending or 
revising the Constitution was agitated in 1854, and the 
fifth general assembly passed an act approved January 
24, 1855, providing an election to be held in August, 1856, 
at which was submitted the question of revision and amend- 
ment. The proposition carried and at a special election 
held the following November, delegates were chosen to 
meet at Iowa City in January, 1857. The present Consti- 
tution of the State of Iowa was framed in this convention 
and was adopted by the people at an election held August 3, 
1857. The governor issued a proclamation proclaiming 
it to be in effect September 3, 1857. 



36 HISTORY AND GOVERNMENT OF IOWA 

The First Election. The people of Iowa felt sure Con- 
gress would admit the territory into the Union and im- 
mediately after the ratification of the Constitution at a 
popular election, began preparations for carrying on state 
government. Governor James Clark issued a proclama- 
tion calling an election for October 26, 1846, for the pur- 
pose of choosing state officers and members of the general 
assembly. The first election was important because the 
controversies over statehood had unsettled political 
parties and because each political faction thought it ought 
to exert as large influence as possible over early state 
institutions. The first general assembly would also have 
the privilege of choosing the first United States Senators 
and of selecting three supreme court judges, for under the 
first Constitution of the state these judges were chosen by 
the legislature instead of by popular vote, as at present. 
The Democrats carried the election and the governor and 
other state officers were chosen from that party. In the 
election of members to the general assembly the Demo- 
crats were not so successful. When the legislature met it 
was found the Whigs had nearly as many members as did 
the Democrats, and together with a few other members, 
who were not directly identified with either of the two great 
parties, they caused a political deadlock in the first legis- 
lature and it failed to elect United States Senators or 
supreme court judges. After the adjournment of the 
legislature the governor appointed judges for the supreme 
court, who at once took up the duties of their offices. 
But the United States Senators were not so chosen and the 
state was not represented in the United States Senate 
during the first two years of statehood. 

Revision of the Constitution. The Constitution of 1846 
was not considered satisfactory at the time of its adop- 
tion, but the people were anxious to be admitted into the 



EARLY STATE GOVERNMENT 



37 



Union and voted for the Constitution as the shortest road 
to admission. In fact, the newspapers of the state de- 
clared certain articles of the Constitution must be changed 
even before Congress had fully admitted the territory into 
the Union. An attempt was made to amend the Constitu- 
tion in the first session of the legislature, but it came to 
nothing. The amending or revising of the Constitution 
was made the political issue in the campaign of 1848. This 
agitation continued until the election of Stephen Hemp- 
stead as governor. He was thoroughly opposed to chang- 
ing the Constitution and during the next four years, from 
1850 to 1854, little progress was made in that direction. 
In some respects the first state Constitution had great 
defects and it soon became evident the people would de- 
mand certain changes be made. The ninth article of the 
Constitution denied the legislature the power of creating 
corporations by special laws. It practically denied the 
people the right of banking privileges, and what was worse, 
it caused Iowa to be flooded with depreciated paper cur- 
rency from other states. In 1855, the general assembly 
passed an act providing for the amendment of the Consti- 
tution. It provided that the question should be voted on 
by the people at the general election of 1856. The propo- 
sition carried before the election and in November thirty- 
six delegates were elected to a convention to revise or 
amend the Constitution. The result was a thorough re- 
vision and the principal changes were as follows: The 
legislature was given power to make laws relating to cor- 
porations; it could pass general laws for banking under 
certain restrictions; it could establish a state bank with 
branches, but such bank must be founded on an actual 
specie basis; it increased the limit of the state indebted- 
ness from $100,000 to $250,000; it provided that the 
question of calling a new convention should be submitted 
to the people every ten years; it changed the period of 



38 HISTORY AND GOVERNMENT OF IOWA 

taking the census from every two to every ten years; it 
provided that the state should protect the permanent 
school fund by being responsible for the losses and making 
them part of the funded debt ; it provided for a Board of 
education to have control of educational interests, but 
this clause was soon changed; it changed the term of 
governor from four years to two years; it provided for a 
lieutenant-governor and for an attorney-general; it 
provided for the election of the supreme court judges by 
the people at the general election instead of by the legis-. 
lature ; it located the permanent seat of government of the 
state at Des Moines and the State University at Iowa City. 



QUESTIONS 

i. What fundamental rights were possessed by the people 
of Iowa ? 

2. Explain the process by which a territory becomes a 
state ? 

3. What are corporations? 

4. When were academies and schools first founded in 
Iowa? 

5. Where was the first capital of Iowa located ? 

6. When was the capital moved to Des Moines? 

7. Describe the process of making a state Constitution. 

8. When was Iowa admitted into the Union as a state? 

9. What is the difference between a mending and revising 
a Constitution? 

10. What is the difference between a territory and a state? 



CHAPTER V. 

GOVERNORS OF IOWA 

The government and institutions of a state are modified 
to a large extent by the lives and character of its party 
leaders. In this respect Iowa has been fortunate. Both 
as a territory and as a state the governors have been, 
in many instances, men of both state and national repu- 
tation. In many cases the men who have rilled the office 
of governor in the State of Iowa have been the recognized 
leaders of their parties at the time of their election. Under 
the territorial government the governor was appointed 
by the President and confirmed by the United States 
Senate, while under the government of the state, he has 
been chosen by popular vote. With the revision of the 
Constitution in 1857, the term of governor was changed 
from four to two years. 

Robert Lucas, first Governor of Iowa Territory, was 
born at Shepherdstown, Virginia, April 1, 1781. At the 
time of his appointment as Governor of Iowa, he was 
fifty-seven years old. He was tall and slender and is said 
to have resembled Andrew Jackson. His father was an 
officer in the Revolutionary War and Robert early became 
a soldier and attained to the rank of captain, and later to 
that of colonel, while serving m the War of 181 2. He was 
county surveyor, justice of the peace, and for nineteen years 
a member of the Ohio Legislature, during which time he 
served as Chairman of both Houses. He was elected 
Governor of Ohio in 1832 and was re-elected in 1834. He 
was Chairman of the National Democratic Convention in 

39 



GOVERNORS OF IOWA 



Governors 

* Robert Lucas 
John Chambers 
James Clarke 
Ansel Briggs 
Stephen Hempstead 
James W. Grimes 
Ralph P. Lowe 
Samuel J. Kirkwood 
William M. Stone 
Samuel Merrill 
Cyrus C. Carpenter 

f Samuel J. Kirkwood 

J Joshua G. Newbold 
John H. Gear 
Buren R. Sherman 
William Larrabee 
Horace Boies 
Frank D. Jackson 
Francis M. Drake 
Leslie M. Shaw 

|| Albert B. Cummins 

§ Warren Garst 
Beryl F. Carroll 
George W. Clarke 



Elected 
July 7, 1838 
March 25, 1841 
November 18, 1845 
October 26, 1846 
August 5, 1850 
August 3, 1854 
October 13, 1857 
October 11, 1859 
October 13, 1863 
October 8, 1867 
October 10, 1871 
October 12, 1875 
February 1, 1877 
October 9, 1877 
October 11, 1881 
November 3, 1885 
November 5, 1889 
November 7, 1893 
November 5, 1895 
November 2, 1897 
November 5, 1901 
November 24, 1908 
November 3, 1908 
November 5, 1912 



Served 
1838-1841 
1841-1845 
1845-1846 
1846-1850 
1850-1854 
1854-1858 
1858-1860 
1860-1864 
1864-1868 
1868-1872 
1872-1876 
1876-1877 
1877-1878 
1878-1882 
1882-1886 
1886-1890 
1890-1894 
1894-1896 
1896-1898 
1898-1902 
1902-1908 
1908-1909 
1909-1913 
1913- 



*The first three named were Governors of the territory. 

t Resigned February 1, 1877, having been elected United States 
Senator. 

t Lieutenant-Governor, served unexpired term for which Kirk- 
wood was elected. 

1 1 Resigned November 24, 1908, having been elected United States 
Senator. 

§ Lieutenant-Governor, served for unexpired term for which 
Cununins was elected. 
40 



GOVERNORS OF IOWA 41 

1832. As a young man, Lucas acquired a good education 
under the direction of a private tutor, he had long experi- 
ence in the army and in public life, and was a man of 
temperate habits, high ideals and ambitious to serve the 
people well. In 1838, President Van Buren appointed him 
to serve as the first Governor of the Territory of Iowa. He 
served as Governor from 1838 to 1841, after which he con- 
tinued an active interest in the affairs of the territory and 
state by attending conventions and leading in political dis- 
cussions. 

Governor Lucas came to Iowa at a time when the new 
territory needed a strong and statesman-like leader to set 
the new government into operation. He dealt with the 
Missouri boundary dispute in a firm and judicious manner. 
He believed in religion and was enthusiastic in support of 
education and did much for the betterment of the common 
schools of the territory. He was strongly opposed to 
gambling and intemperance and was a leader in the 
temperance movement in Iowa. In 1844, and again in 
1846, Lucas was a delegate in the conventions for the 
framing of State Constitutions. He died in Iowa City, 
February 7, 1853, at the age of seventy-two. 

John Chambers, the second Governor of Iowa Territory, 
was born in New Jersey in 1780. He was admitted to the 
bar in 1800 and was elected to the Kentucky Legislature 
in 181 2. In 1828, he served in the lower House of Con- 
gress. When William Henry Harrison, the first Whig 
President, was inaugurated, he appointed John Chambers 
to be Governor of Iowa Territory and gave him a com- 
mission to enter upon the duties of that office on March 25, 
1841. He was also appointed a member of a commission 
to negotiate treaties with the Sac and Fox Indians. He 
was a wise administrator as Governor of Iowa, but was a 
Whig in politics and was removed from office for political 



42 HISTORY AND GOVERNMENT OF IOWA 

reasons when Polk became President in 1845. President 
Taylor appointed Mr. Chambers to negotiate a treaty with 
the Sioux Indians in 1849. Later in life he retired to his 
large farm near the city of Burlington, where he lived until 
a few years before his death, when he moved to Kentucky, 
dying there in 1852. 

James Clarke was the third and last Territorial Governor 
of Iowa. He was born in Pennsylvania in 181 2. When a 
boy, he learned the printer's trade and worked for a time 
in Harrisburg. In 1836, he went to St. Louis and engaged 
in newspaper work. Later, he was editor of the Belmont 
Gazette, and when the capital of Wisconsin was moved to 
Burlington he followed and was soon after appointed 
librarian of the territory. In 1839, President Van Buren 
appointed him Secretary of the Territory of Iowa. He 
served as Mayor of Burlington, and in 1844 was" chosen 
as a delegate to the first convention for the making of a 
State Constitution. President Polk made him Governor 
of Iowa on November 18, 1845. Mr. Clarke served from 
the date of his appointment until the admission of Iowa 
Territory into the Union as a state on December 28, 18460 
He died at Burlington on the 28th of July, 1850. 

Ansel Briggs was the first State Governor and served for 
one term of four years. He was born in Vermont in Febru- 
ary, 1806. During his early political career he belonged to 
the Whig party, but became a Democrat soon after coming 
to Iowa. In 1842, he was elected a representative in the 
territorial legislature from Jackson County. He was 
nominated as candidate for State Governor in the Demo- 
cratic State Convention, at Iowa City, on September 24, 
1846. Governor Briggs was a conservative in matters of 
party interest, and left the office in 1850 with the good wishes 
of both political parties. In 1870 he moved to Council 



GOVERNORS OF IOWA 43 

Bluffs, and later lived with his son in Omaha, Nebraska, 
where he died in May, 1881. 

James Wilson Grimes was the third Governor of the 
State of Iowa and was the first Governor after Lucas to be- 
come a national character. He was a New Englander by 
birth, having been born in New Hampshire in 181 6. His 
grandparents were among the patriots of the American 
Revolution. He entered Dartmouth College in August, 
1832, and remained a student there for three years. He 
came west in 1835 and settled in Burlington, which was 
then within Michigan Territory. He served for a time 
as secretary to the United States Commissioner of Indian 
affairs. Mr. Grimes was admitted to the bar in 1837, and 
was made city solicitor for Burlington near the close of the 
same year. He sat as a member of the First Legislative 
Assembly of the Territory of Iowa and was again elected 
to the Sixth Assembly of the Territory. Later, he was a 
member of the Fourth General Assembly of the state. 

In 1854, the Whig party nominated Grimes for the 
office of Governor. He was elected and served from 1854 
to 1858. The following year he was elected to the United 
States Senate from Iowa. In 1865, he was re-elected to 
Congress and sat as a judge in the impeachment trial of 
President Johnson, in which he voted "not guilty." Sena- 
tor Grimes resigned his seat in 1869, because of failing 
health, and died at Burlington three years later on Febru- 
ary 7, 1872. His inaugural address of December 9, 1854, 
displays a keen appreciation of the purpose of govern- 
ment and the duties of an executive officer. He declared 
the greatest object of government is to elevate and ennoble 
the citizen, and to disseminate intelligence and build up 
the moral energies of the people. To this end, Governor 
Grimes advocated an improved system for the state and 
was the first public officer in Iowa to advocate a district 
school library for every school district in the state. 



44 HISTORY AND GOVERNMENT OF IOWA 

Samuel Jordan Eirkwood was elected Governor of 
Iowa at a time when national issues were of so great im- 
portance as to overshadow local affairs in the states, and 
he is generally referred to as Iowa's War Governor. 
Kirkwood was a native of Harford County, Maryland, 
where he was born on December 20, 181 3. His ancestors 
were of sturdy Scotch-Irish stock and his grandfather 
showed his patriotic spirit by enlisting in the Revolutionary 
War on the American side. In 1835, the Kirkwoods 
moved to Ohio, where Samuel worked on the farm in sum- 
mer and taught rural schools in winter. He began the 
study of law when twenty-eight years old and two years 
later began the practice of law. In 1850, Mr. Kirkwood 
was chosen a member of the convention that framed a new 
Constitution for the State of Ohio. In 1855, he moved to 
Iowa and settled in Johnson County, where he deserted the 
law practice and engaged in farming and business. Be- 
sides having interest in a large farm, he owned a mill at 
Coral ville and a store in Iowa City. In 1856, when the 
Republican party was first organized in Iowa, Mr. Kirk- 
wood was a prominent member in the convention held at 
Iowa City, on February 22. Later in the same year he 
was elected to the State Senate and was re-elected in 1858. 
In 1859, he was chosen Governor by the Republican party 
and re-elected in 1861. In 1866, he was chosen United 
States Senator from Iowa to fill a vacancy of two years. 
In 1876, he was chosen by the legislature for the full term 
of six years, but was called to serve as Secretary of the 
Interior in President Garfield's cabinet in 1881. Soon 
after the death of Garfield he left the cabinet and retired to 
private life in Iowa City, where he died in 1894. 

Governor Kirkwood was almost continually in public 
life for a quarter of a century, and no other man in the 
state ever enjoyed higher esteem or confidence than he did. 
During his two terms as Governor he organized and sent 



GOVERNORS OF IOWA 45 

to the war more than sixty thousand citizen soldiers. In 
his first inaugural of January n, i860, he stated in 
emphatic terms his opinion on the subjects of states 
rights and slavery. In fact, his message was considered 
by the legislature to be radical and too expressive of his 
personal views on current questions, and the Senate passed 
a resolution protesting against a part of his message. 
His messages following at the regular and special sessions 
during the following three years show Governor Kirk- 
wood to have been a man of good judgment and of clear 
conception of the grave questions facing the Nation and 
the states during the great Civil War. 

John Henry Gear, who was born in Ithaca, New York, 
on April 7, 1825, was another Iowa Governor who later 
attained to national prominence. He had very slight 
educational advantages in his youth and gained most of his 
training by his own diligent study. In 1836, the Gear 
family moved to Galena, Illinios, where they lived for two 
years, when the father was appointed chaplain in the regular 
army and moved his family to Fort Snelling, Minnesota. 
In 1846, John Henry Gear journeyed by boat down the 
Mississippi River to Burlington, where he secured work, 
first as a farm hand, and later as clerk in a store. In 1850, 
he engaged in the mercantile business and continued a 
merchant up to the time of his more extensive public life, 
Mr. Gear was chosen Mayor of Burlington, in 1863, and 
was elected by the Republicans to the lower House in the 
fourteenth general assembly. He served three terms in 
succession and during the fifteenth and sixteenth assem- 
blies served as Speaker. In 1877, he was elected Gov- 
ernor of the state on the Republican ticket and served two 
terms. In 1886, he was elected to the lower House of 
Congress and served two terms, during the last term of 
which he was a member of the Committee of Ways and 



46 HISTORY AND GOVERNMENT OF IOWA 

Means. He was appointed Assistant Secretary of the 
Treasury by President Benjamin Harrison and resigned 
in 1892 to again take a seat in the Fifty- third Congress. 
He was a delegate to the Republican National Conven- 
tion that nominated Harrison in 1892, and to the one 
that nominated McKinley in 1896. In 1895, Mr. Gear 
was elected by the state legislature to be United States 
Senator from Iowa and was re-elected to that office in 
1 901. His second term had not yet begun when he 
suddenly died, on July 14, 1901, in the city of Washington. 
Mr. Gear was a man of sterling qualities and brought to 
the services of the state that executive ability that had 
made him successful in his self-reliant life. In his first 
inaugural address he favored the remonetization of silver 
and making it legal tender. He advocated larger appro- 
priations for the educational, charitable and penal institu- 
tions of the state. All of his messages gave careful atten- 
tion to education and its improvement, and he was among 
the earliest state officials to urge compulsory education in 
Iowa. As a federal officer his record in the Senate of the 
United States was that of a painstaking statesman, conserva- 
tive and able. 

William Larrabee was born in Ledyard, Connecticut, 
on January 20, 1832. His father was a graduate of West 
Point Military Academy and served with distinction in the 
War of 1 81 2. The son William attended the common 
schools of his native state and at the age of nineteen years 
became a teacher. In 1853, he came to Iowa, settling in 
Clayton County, where he resumed teaching. He became 
interested in farming and later was owner and operator 
of the Clermont Mills in Fayette County. He soon be- 
came a large land owner and later gave most of his time to 
banking. In 1867, he was elected State Senator from 
Fayette County and remained in that office by successive 



GOVERNORS OF IOWA 47 

re-elections for eighteen years. This long period of ser- 
vice made him a well-informed legislator and his influ- 
ence was felt in the shaping of the legislation of the time. 
In 1881, he was a candidate before the Republican State 
Convention for Governor, but was not nominated. Four 
years later, he was elected to the governorship and two 
years after was re-elected. His administration is char- 
acterized as among the strongest in the history of the state. 
He urged and secured legislation regulating railroad trans- 
portation throughout the state and advanced the prohibi- 
tion of the liquor traffic. 

Mr. Larrabee's public career did not end with his 
second term as Governor. He traveled extensively in 
Europe and made a careful study of railroads and their 
management. In 1893, he published an able work, the 
" Railroad Question." When the State Board of Control 
for the management of state institutions was created, Mr. 
Larrabee was appointed a member and was chosen by 
the Board to be its president. In 1902, he was chosen 
Chairman of the Iowa Commission of the Louisiana 
Purchase Exposition. 

Horace Boies, the thirteenth Governor of Iowa, was 
born in Erie County, New York, on December 7, 1827. 
The father was a farmer and the son worked on his father's 
farm and attended the common schools of his native state. 
Later he began the study of law and soon opened a law 
office in Hamburg, a town near Buffalo. In the year 1855, 
he was elected to the New York Legislature on the Repub- 
lican ticket. In 1856, he left New York State and came 
to Iowa, settling at Waterloo. His law practice was sup- 
plemented with agricultural interests and he soon became 
a large land owner. In 1880, Mr. Boies left the Republi- 
can Party, not feeling longer able to support the party's 
principles relating to protection, and to questions of local 



48 HISTORY AND GOVERNMENT OF IOWA 

importance. In 1889, he was nominated by the Demo- 
cratic Party as candidate for Governor and carried the 
election by a large plurality. He thus had the distinction 
of being the first Democratic Governor in Iowa since 
Stephen Hempstead in 1850. He was re-elected for a 
second term in 1891, but by 1893, tne Republicans, having 
modified their platform on local issues, were victorious at 
the polls, and Mr. Boies was defeated for a third term. 
He remained a leader in politics for several years and 
was in 1896 a candidate before the Democratic National 
Convention for President, but was defeated after receiving 
a very complimentary vote. Since that time he has given 
much attention to the care and improvement of his farms. 

Leslie Mortier Shaw was born at Morristown, Vermont, 
November 2, 1848. He received his early education in 
the common schools of Vermont and at the academy at 
Morristown. His father moved to Iowa in 1869, and the 
son entered Cornel College, from which he graduated in 
1874. Two years later he completed the law course in the 
Iowa College of Law. He soon after settled at Dennison, 
and later engaged in banking. In 1896, he became active 
in politics for the first time and made many campaign 
speeches during the campaign and election of President 
McKinley. In 1897, Mr. Shaw was elected Governor of 
Iowa and was re-elected in 1899. At the close of his 
second term in 1902, he was appointed by President Roose- 
velt to fill the office of Secretary of the United States 
Treasury, which office he held for five years. Since that 
time, Mr. Shaw has given his attention to business inter- 
ests in New York City. 

Governor Shaw was an earnest advocate of the gold 
standard in the National campaigns of 1896 and 1900 and 
was recognized as a political orator of great ability. It was 
largely through the reputation then gained that he was 



GOVERNORS OF IOWA 49 

later called to serve in the President's cabinet. His mes- 
sages as Governor of Iowa are logical statements of the 
existing conditions of the time, and sound in their recom- 
mendations of the needs of the state. 

Albert Baird Cummins, the eighteenth Governor of 
Iowa, was born in Pennsylvania, February 15, 1850, and 
was of Scotch-Irish ancestry. He attended Waynesburg 
Academy, from which he graduated in 1869. He then 
moved to Elkader County, Iowa. He was, in turn, clerk 
in the county recorder's office, carpenter, railway express 
clerk and deputy surveyor, and was for a time the engineer 
in charge of the location and construction of the Northern 
Central Michigan Railroad. In 1873, he began the study 
of law in Chicago, and was admitted to the bar in Janu- 
ary, 1875. In January, 1878, he removed to Des Moines, 
Iowa, and formed a law partnership with his brother. 
He soon attained a leadership at the bar and was elected 
president of the Polk County Bar Association, in 1890. 
He was a member of the Twenty-second General Assembly 
and served there two terms. He was temporary Chair- 
man of the Iowa Republican State Convention in 1892, and 
was the same year chosen elector at large from the state. 
In 1896, he was a delegate to the National Convention at 
St. Louis and was elected National committeeman for four 
years. 

In 1902, Mr. Cummins was elected Governor of Iowa, 
and was re-elected for a second and a third term, 
thus serving longer than any other Governor the state has 
yet had. 

With the death of United States Senator Allison, in 1908, 
Mr. Cummins was chosen by the legislature to fill out the 
unexpired term, and was elected for the full term as United 
States Senator in 1909. Since that time, Senator Cummins 
has risen rapidly in prominence as a member of the 



50 HISTORY AND GOVERNMENT OF IOWA 

upper House of the National Legislature and was, in 191 2, 
mentioned as a candidate for President. 



QUESTIONS 

1 . Who was the first territorial governor of Iowa ? Who the 
first state governor ? 

2. Give the names of the five most important governors of 
Iowa. State the reasons for your choice. 

3. In what respects are the duties of the governor like those 
of the Presiden ? 

4. For what is the governor most noted in Iowa? 

5. How many of Iowa's governors have been Democrats 
and how many Republicans? 

6. How many political parties presented candidates for 
governor at the last election ? 

7. Which of Iowa's governors have been natives of the 
state? 

8. Name ten Iowa men prominent in public life at present. 



CHAPTER VI. 

GOVERNMENTAL UNITS AND LOCAL DIVISIONS 

The first essential in the study of government is that the 
student realize his relationship to the different units exer- 
cising authority over him. The strict enforcement of law 
is the safeguard of the liberties of the people under a re- 
publican form of government. Whenever two or more 
persons are associated together we find law necessary, for 
law defines the rights of each and protects each against the 
wrong-doing of the other. Law is not evil but good. The 
fact that law forbids A the right to steal B's horse is of 
equal benefit to A, for it also forbids B the right to steal A's 
horse. As the life of our people becomes more complex, 
so also must our laws become more complex and more de- 
tailed in their provisions. Before we had railroads in 
Iowa we had no need of laws governing their operation. 
Before automobiles were invented we had no thought of 
enacting laws regulating the speed at which they could be 
driven through the streets. If airships become practical 
in their use our state legislature will be required to enact 
laws governing their operation. So we find law is not 
something imposed upon the people, but rather it is that 
which the people agree to as the best means of securing 
their liberties and guarding their rights. Government may 
be variously defined. It is in fact the administration of 
law. "It is the organized means and power that a state 
or nation employs for the purpose of securing the rights of 
the people and of perpetuating its own existence." 

If we look about us we soon find that the rules governing 

Si 



52 HISTORY AND GOVERNMENT OF IOWA 

our conduct come from different sources. A pupil wish- 
ing to go to school is allowed to attend in one district but 
not in another. If one member of a family has a con- 
tagious disease other members of the family are not per- 
mitted to receive visitors so as to expose them to the disease 
of the sick member. If one lives in the country he is not 
required to shovel snow from the public highway, but if he 
lives in the city he may be compelled to clear the sidewalk 
of snow. Long bridges often contain signboards warning 
drivers not to drive faster than a walk over the bridge. If 
one man steals from another he may be arrested and fined 
or imprisoned. If we deface a silver coin, or if we counter- 
feit the money of the United States, we may be punished by 
fine or imprisonment, or by both. It is plain to see that 
while each of these offenses is punishable by law, the law 
is not always enacted or enforced by the same authority. 

Units of Government. The fact is, we have different units 
of government, each active within its sphere to enforce the 
law and to protect the rights of the people. The lowest 
unit in this process of government is the school corpora- 
tion, or school township. Next above the school town- 
ship is the civil township. Then we have the munici- 
pality, which includes the government of towns and cities. 
The fourth unit of government is the county, which may be 
said to be a collection of civil townships. Then next 
higher is the state, consisting of a number of counties, and 
highest of all is the United States, which in turn is a collec- 
tion of all the states. The individual citizen is subject to 
the authority of each of these units of government, and each 
unit has a claim on him for obedience to its governing rules. 
In turn the individual citizen is a part of each unit and has 
power to help govern and control the affairs in it. 

Relation of Local Units. All of these four local units are 
political sub-divisions of the state. In some respects each 



GOVERNMENTAL UNITS AND LOCAL DIVISIONS 53 

is supreme within its own sphere of action and constitutes 
a body politic with a complete scheme of government. A 
school corporation has its own officers, it is a legal entity 
and may sue and be sued in the courts. It has original 
jurisdiction over school matters arising within its area. 
Its officers and voters make rules governing school organi- 
zation and determine the amount of taxes to be paid 
for educational purposes. The civil township is another 
body politic, with a government of its own and officers to 
administer the laws. The township trustees are the legis- 
lature for the township. They constitute a Board of 
Health and may establish quarantines and make laws 
governing sanitary conditions. They act as a Board of 
Review for taxable property and may raise or lower taxes, 
subject only to the right of appeal to the district court. 
Here we find a second authority acting over the individual 
citizen and to a certain extent overlapping the authority of 
the school corporation. People living in towns and cities 
find themselves subject to still another authority because 
they are within the jurisdiction of another governmental 
unit. The inhabitants of these municipalities are as much 
subject to the laws of the school corporation and to the 
laws of the civil township as other people not living in the 
town or city, but the people living in the town or city have 
still another governmental authority over them. Towns 
and cities are also corporations and have powers to make 
and enforce laws. They furthermore have power to enact 
rules and regulations not made by any other political body. 
A person living in a town or city may be restrained from 
doing many things that are permitted to persons living in a 
rural community. The county is the highest of the loca) 
units of government, and the citizen owes obedience to the 
authority of the county as well as he does to that of the city, 
township or school corporation. The county is in turn a 
higher unit of government than the township and again has 



54 HISTORY AND GOVERNMENT OF IOWA 

its own officers and its higher sphere of jurisdiction. Our 
state is divided into counties, and no matter where a person 
lives within the state he cannot escape the authority of the 
county. The county supervisors constitute the county 
legislature and may make laws governing matters not 
within the jurisdiction of the lower units of government. 

Relation of Local Units to the State. We found each of 
the local units in the ascending scale exercising larger 
authority than the one lower down, and that each higher 
unit had a certain amount of authority over the unit below 
it. The state is but another unit in the ascending order 
of government. It must be remembered, however, that 
the state exercises a much greater authority than any of the 
local units and claims from the individual citizen a much 
greater share of obedience. The local units of govern- 
ment derive their powers from the Constitution and laws 
of the state. The state legislature, in accordance with the 
Constitution of the state, may increase or diminish the 
authority and powers of any of the local units. Counties 
were organized and established by acts of the legislature. 
Towns and cities were chartered and their rights and 
powers designated by legislative enactment. Townships 
and school corporations are established and governed 
according to laws made by the state legislature. All of the 
local units are administrators of state law rather than legis- 
lators for their own units. Even the officers of local units 
are not entirely local in their authority and power. A 
justice of the peace in a township may try petty offenses 
against the laws of the state, and county attorneys are the 
prosecutors of all criminal offenses committed against the 
laws of the state in the counties in which they are elected. 
Both of these officers are elected by the voters of the coun- 
ties and the townships and are generally considered county 
and township officers, although they are in the broad sense 



GOVERNMENTAL UNITS AND LOCAL DIVISIONS 55 

state officers as well. In many respects the states exer- 
cise a much larger authority over the individual citizen 
than does the United States. 

Relation to the Federal Government. There is yet an- 
other unit of government exercising authority over the 
individual citizen — it is the Federal Government. The 
citizen who gives obedience to the school corporation, to the 
civil township, to the city, the county and the state, is also 
bound by a still higher administrative power — the govern- 
ment of the United States. The Federal authority does 
not overlap the authority of the state, but it makes provi- 
sion for those activities not coming within the jurisdiction 
of the states. When the Constitution of the United States 
was framed in 1787, certain powers were given to Congress 
alone. Many of these powers affect the individual citizen 
directly. The Federal Government requires that every 
letter contain a postage stamp, and if any person counter- 
feits the money or securities of the United States he is sub- 
ject to severe punishment by the Federal authority. 

When we think of government as a whole, it seems very 
complex and difficult to understand, but when considered 
in separate units, it becomes simple and easy of compre- 
hension. A thorough study of local and state government 
gives a good foundation for the better understanding of the 
government of the United States. 

Boundaries of Local Areas. The study of local govern- 
ment centers about these different physical areas we have 
called units of government. A school corporation has a 
definite area and fixed boundary line, subject to change 
by proper authority. Cities and towns are incorporated 
under laws of the state which determine their boundaries 
and the conditions under which they may be changed. 
Many of the counties were organized and laid out while 
Iowa was yet a territory. The legislature has the right 



56 HISTORY AND GOVERNMENT OF IOWA 

to organize new counties. Previous to the revision of the 
Constitution in 1857, the legislature was unlimited in its 
power to establish new counties, and as a result we find 
some counties in Iowa more than double the area of others. 
The revised constitution provided that "no new county 
shall hereafter be created containing less than four hundred 
and thirty-two square miles.'' The township boundary is 
of a different origin and is based upon what is known as the 
Congressional township and upon the so-called Congres- 
sional Survey, 

The Congressional Township had its origin in the land 
ordinance passed by Congress in 1785. This act of the 
Congress of the Confederation served the double purpose 
of locating lands and furnishing boundaries for local 
governments. It provided a system of government survey 
for the new territory belonging to the United States at the 
close of the Revolution. This Congressional survey did 
not apply to the land of the original thirteen states nor to 
Tennessee or Kentucky, as all these states were already 
surveyed and recorded under the old colonial system copied 
from England. Texas came into the Union with a system 
of its own taken from the Spanish system. 

How Surveys are Made. Any meridian of longitude 
may be selected as a starting point. Generally a meridian 
in the immediate territory is selected. This meridian line, 
running north and south, is called a "principal meridian." 
At some convenient point on this principal meridian a line 
is drawn intersecting it at right angles and located on a 
parallel of latitude. This cross line is termed a "base 
line." Other lines are run parallel to the base line and 
six miles apart. Other lines are also run parallel to the 
principal meridian six miles apart. Thus the entire 
country is covered with a network of squares six miles on 



GOVERNMENTAL UNITS AND LOCAL DIVISIONS 57 

the sides and containing thirty-six square miles, which are 
called Congressional townships. Townships are desig- 
nated by giving them numbers north or south of the base 
line and numbering them in ranges east or west of the 
principal meridian. Beginning at the intersection of the 
base line with the principal meridian, the square area of 
land just north of the base line and just west of the princi- 
pal meridian is known as Township i north, range i west 
of the fifth principal meridian. Township A is located 
as Township 8 north, range 5 west of the fifth principal 
meridian. Township B is located as Township 6 north, 
range 3 east of the fifth principal meridian. Principal 
meridians and base lines are not located in accordance with 
any fixed system. In some instances they are near to- 
gether and in others they are far apart. There are twenty- 
four principal meridians in the United States, six of them 
being known by numbers while the remainder are desig- 
nated by names. The first principal meridian was es- 
tablished on the border line between the states of Ohio and 
Indiana, the second in Indiana, the third and the fourth in 
Illinois. The lands of Arkansas, Missouri, Iowa, Minne- 
sota, and a part of the Dakotas are surveyed from the 
fifth principal meridian, which is located at the junction 
of the Arkansas with the Mississippi River. The base 
line crossing the fifth principal meridian is located at 
the junction of the St. Francis with the Mississippi River 
in Arkansas and runs near the city of Little Rock. All 
lands in the United States were not surveyed at the same 
time and as each new district was surveyed a new meridian 
was generally established. This accounts for so many 
meridians and the irregularity in their location. 

Each township is six miles square and contains 23,040 
acres of land. This area is too large for practical purposes 
and so the township is further divided into thirty-six squares 
by section lines drawn one mile apart each way. These 















! 






























9 


















A 










8 


























«4 


7 


























1 


<o 




B 










1 


OR 


*.£< 


TIC 


N 




J 


b 








(. 1 


n& 
















1 


4 


























ft. 


3 




























2 














7 


6 


5 


4 


3 


2 


i 


1 


2 


3 


* 


5 


(o 


7 






©A 


s& 






i 

c 








line 







TV<>. i 






P 



S4- 



a 



24 



30 29 



& 



'A 

2/ 



W 



& 



2SZ7ZC 



333* 



// 



/^ 



ZS 



f2 



13 



3&U 



T& * 



■ ———■»——— 

■ ll I I H I !" 

K 

U ■ ■■ ■ ■ i. I iii i h i ii l ii ii .i i> iii 



58 



GOVERNMENTAL UNITS AND LOCAL DIVISIONS 59 

squares are called sections and contain an area of one 
square mile or six hundred forty acres of land. The sec- 
tions are divided into quarter-sections and each quarter 
may be again divided to such extent as is necessary. In 
Fig. 2, we have Township 8 north, range 5 west of the fifth 
principal meridian. The township is divided into thirty- 
six sections. The method of numbering the sections in a 
township, beginning in the upper right-hand corner, is to 
be noticed. The second part of the figure is Section 20 
of that Congressional township divided into quarters and 
then into smaller divisions. The part X is located and 
described as follows : the south J of the southwest \ of the 
southwest \ of Section 20, Township 8 north, range 5 west, 
of the fifth principal meridian. This tract of land is 
eighty rods long and forty rods wide and contains twenty 
acres. The superiority of this system of survey is the 
exactness by which a small piece of land may be located. 
A person coming to this country from a foreign land could 
be directed to this field of twenty acres without further 
information than the above given description of its loca- 
tion. 

Method of Record. The regular method of designating 
land areas on legal instruments, such as deeds, is to abbre- 
viate the terms used. The manner of describing the 
twenty acre tract above mentioned would be — The 
S. } of SW. J of SW. \ of Section 20, Twp. 8 N., R. 5 W. 
of 5th P.M. In locating a tract of land from the descrip- 
tion given, we must begin with the last of the descriptive 
statement and work backward. In the above description 
we first turn to the map and locate the fifth principal 
meridian and its base line, then counting north from the 
base line and west from the meridian we locate the town- 
ship; the section is then easily found from its number; 
then we look for the southwest quarter of the section; we 



OO HISTORY AND GOVERNMENT OF IOWA 

next look for the southwest quarter of that quarter; finally 
for the south half of the last southwest quarter. A little 
practice will soon enable one to trace land tracts and deter- 
mine the number of acres with accuracy. 

Correction Lines. We learn in geography that meridians 
converge or come together as they proceed from the equator 
toward the poles. Therefore if two lines are drawn due 
north from two points on a parallel a distance apart they 
will come nearer together as they extend northward. In 
the latitude of Iowa, two lines, starting six miles apart and 
running due north six miles, will be three rods nearer 
together than at the starting point. If extended a greater 
distance the difference is still more — at thirty miles two 
lin^s will be fifteen rods nearer together. Townships 
being bounded by lines running due north are square only 
in theory. The fact is that all townships are narrower on 
the north side than on the south side. Only those town- 
ships laid out on a base line are exactly six miles on the 
south side. In order to prevent this converging of the 
east and west boundaries of townships from destroying the 
system surveyors run " substitute" base lines called 
"correction lines." A correction line serves the same 
purpose as a new base line and the townships laid out on 
this correction line start again with a south boundary of 
exactly six miles. This correction makes a jog in the lines 
running north and accounts for the slight turns in roads 
following such lines. This difference increases as we 
proceed along the correction line east or west from the 
meridian. 

It will not be out of place here to define what we mean by 
a Congressional township. It is " an area six miles square 
used for the purpose of locating land and forming the 
boundaries of local units of government." It differs from 
a civil township and from a school township in that they 



GOVERNMENTAL UNITS AND LOCAL DIVISIONS 6 1 

are units in which civil government is carried out. A 
Congressional township has no political status. It has 
no officers or institutions, but is merely a physical division 
for the purpose of locating and measuring lands. 



QUESTIONS 

i. Under which plan of government does the individual 
enjoy the greatest amount of liberty — where laws are strictly 
enforced or where they are not? 

2. Explain how one person is responsible to all of the differ- 
ent units of government. 

3. In what way is the state related to the Federal Govern- 
ment? 

4. Define the term, "Congressional township." 

5. What is meant by recording a deed ? 

6. Why is the present system of measuring and locating 
lands known as the "Congressional survey"? 

7. Do the boundaries of Congressional and civil townships 
always correspond? 

8. Locate the larger cities of Iowa on the map by the 
survey system. 

9. Give the exact location, by township and range, of Iowa 
City, Ames and Cedar Falls. 

10. How are lands surveyed and designated in a state, 
as Massachusetts, where the Congressional survey does not 
apply ? 



CHAPTER VII. 

THE CIVIL TOWNSHIP 

A Civil Township is an area of land the boundaries of 
which may or may not coincide with those of a Congres- 
sional township, and is used for the administration of 
local government. The boundaries of the civil township 
follow those of the Congressional township unless inter- 
cepted by deep rivers, or high impassable hills, such as 
would inconvenience the people in reaching their voting 
places or in transacting other township business. The 
chief object of the civil township as a unit of local govern- 
ment is for the holding of elections, listing of property, 
equalizing taxes, repairing roads, giving relief to the poor, 
and for conducting other local business. The local affairs 
of the township are administered by the following officers : 
three trustees, one clerk, two constables, two justices of 
the peace, and one assessor. Justices and constables 
are in a certain sense county officers, yet are elected by the 
township. All township officers are chosen for a period of 
two years by the qualified voters of the township at the 
November election. 

Duties of Township Trustees. The trustees are en- 
trusted with the following important matters: i, taxes; 
2, public highways; 3, elections; 4, health; 5, poor; 6, 
fences; 7, public money; 8, public buildings; 9, public 
grounds. The office of trustee, like other township 
offices, is not eagerly sought by the average citizen, and 

it is often difficult to find men in the township who are 
62 



THE CIVIL TOWNSHIP 63 

willing to give their time and attention overseeing the 
affairs of the township. The legislature has imposed a 
penalty of five dollars upon any person who, having been 
elected to a township office, refuses to qualify and serve — 
but no person is required to serve two terms in succession. 
The trustees have three regular meetings each year — 
the first Monday in February, in April and in November. 

Elections. The trustees designate a place for holding 
township elections and the clerk gives notice of the time. 
The trustees are the election judges and together with the 
township clerk and another person, who is called clerk of 
elections, they make a list of all voters in the township. 
They have charge of the ballot box and register the names 
of the voters. They count the votes cast for each candi- 
date, and in case of the township officers they declare who 
is elected. For all other officers they count the votes and 
send the results to the county supervisors. The trustees 
have the right to challenge any voter for cause and to de- 
mand proof of his qualifications to vote. The votes after 
being counted are kept by the clerk until after the legal 
time has elapsed for contesting the election. They are 
then sent to the county auditor. 

Board of Equalization. If a tax-payer thinks the as- 
sessor has taxed his property unjustly, either too high or 
too low, he may appeal to the township trustees, who act 
as a Board of equalization and readjustment of the taxes 
levied by the township. The trustees meet on the first 
Monday in April each year for the purpose of revising or 
correcting the assessors' books. This Board of equaliza- 
tion may lower or raise the assessment complained of, ac- 
cording to their best judgment. If the aggrieved person 
is unwilling to accept the verdict of the Board of equaliza- 
tion he may appeal to the district court, if the appeal is 
made within twenty days after the adjournment of the 



64 HISTORY AND GOVERNMENT OF IOWA 

Board. The power of the Board also extends to the list- 
ing of property not listed by the assessor. 

Care of the Poor. The care and oversight of the poor 
is the duty of the county supervisors, but the poor of each 
township are generally cared for by the township trustees. 
The trustees administer the laws for the care of the poor 
within the township, but the entire expense is born by the 
county. If persons unable to provide for themselves move 
from one county to another they may be warned to return 
to their former home, but such warning must be given 
within a year of their arrival. If such person is in the 
county a full year before asking aid, he thereby gains 
"settlement" and the county is bound to support him. Aid 
is given to the poor in different ways. Almost all counties 
maintain a county farm or poorhouse, in which any de- 
serving person may be cared for. The trustees may also 
give deserving persons assistance with money, food, clothes 
and medical attention in their homes. When a person is 
returned to the county from which he recently came it may 
be done at the expense of that county. If the trustees 
refuse aid to an applicant he may apply to the county 
supervisors, who may either aid him or order the township 
trustees to do so. All statements of expenses, whether 
issued by the trustees or by the supervisors, are sent to 
the county auditor. Near relatives of disabled persons 
may be required by law to care for them, and if the relatives 
refuse, the trustees or supervisors may bring action in the 
district court to compel them to do so. 

Highways. Another duty of the township trustees s to 
care for the public roads. The road-tax is collected by 
the county treasurer and is given over to the township 
clerk. The law requires that all able-bodied male resi- 
dents of the township, between the ages of twenty-one and 
forty-five years, give two days' labor on the roads each 



THE CIVIL TOWNSHIP 65 

year. The trustees direct the expenditure of both the 
labor thus owing to the township and of the money raised 
by road -tax. Since 1903 each township constitutes one 
road district under the control of one or more road super- 
intendents appointed by the trustees. Persons owing road 
service and road-tax to the township may pay either in 
labor or in money, or in both. 

Health Officers. As health officers the trustees may pass 
regulations concerning nuisances and contagious diseases ; 
they may require persons to be vaccinated ; they may post 
notices of quarantine; they may require the removal of 
filth deemed to be injurious to health; they may adopt 
rules for the preservation of the health of the community, 
and enforce such rules by fines and imprisonment. 

Miscellaneous Duties of Trustees. Several other duties 
are required of trustees, as the reports made to the county 
supervisors each year of public money expended; caring 
for township hall or other public buildings belonging to 
to the township; viewing fences to determine whether 
legally constructed; assessing damages in case of tress- 
passing of animals; providing and keeping up ceme- 
teries; rilling vacancies in the offices of justice of the peace 
and of constable; seizing property of persons deserting 
poor relatives. 

The Township Clerk. The township clerk is the secre- 
tary of the Board of trustees and records the minutes of 
all their meetings. His records show the transactions of 
the trustees as election canvassers, health officers, and tax 
reviewers. He is the township treasurer and must give 
bonds to secure the township against loss. He must on 
each general election day post in a public place a state- 
ment, certified to by the trustees, of all moneys received 
and expended during the past two years. The clerk pre- 



66 HISTORY AND GOVERNMENT OF IOWA 

pares from the assessment book a list of all persons re- 
quired to pay poll-tax and furnishes a copy to the road 
superintendent. If the road superintendent does not 
collect all the tax he reports the delinquencies to the clerk, 
who in turn reports them to the county auditor before the 
second Monday in November. This tax is then collected 
by the county treasurer and paid over to the township 
clerk. The clerk adminsters the oath of office to other 
township officers. He posts notices of the result of town- 
ship elections and notifies the county auditor of the per- 
sons elected. He receives and records the resignations of 
township officers, and his own resignation he gives to the 
Board of trustees. If a tie vote is cast for township offi- 
cers, the clerk has the candidates appear before him and 
decide the case by lot. He has charge of all the material 
property of the township, such as books, records, and road 
machinery. 

Justices of the Peace. Each township is entitled to two 
justices of the peace. They have power to try petty cases 
in both civil and criminal matters. They have jurisdic- 
tion over criminal cases involving not more than thirty 
days' imprisonment, or a fine of one hundred dollars, and 
over civil cases where the value in controversy does not ex- 
ceed one hundred dollars, or, with the consent of both 
parties, the amount may be three hundred dollars. No 
record of the proceedings is kept except names of cases 
tried. A justice's court may have a jury of six men. He 
also has the power to hold inquests over dead bodies in- 
stead of the coroner; he may acknowledge deeds and 
mortgages; he must keep a record of estray stock taken 
up and advertised ; he may perform marriage ceremonies. 

Constables. Each township is entitled to two constables, 
who serve as peace officers. Together with marshals, 
police officers, sheriffs and deputy sheriffs, they are peace 



THE CIVIL TOWNSHIP 67 

officers of the state as well as of the county and township. 
It is their duty to quell riots, to prevent crimes, to make 
arrests, and to serve the justice of the peace when he holds 
court. Constables serve warrants for arrests and to search 
property, and all notices legally directed to them by the 
trustees, clerk of the township, or the court of the county. 
The constable subpoenas witnesses, selects jurymen, makes 
arrests and does whatever the justice's court orders him to 
do. A private citizen may, without a warrant, arrest and 
take before a magistrate any person committing a crime 
in his presence; or if he knows that a felony or a crime 
punishable with confinement in a state prison has been 
committed, a private person may arrest, without a warrant, 
a person who he has reasons to believe committed the 
crime. 



Each township has one assessor. His chief 
duties are: to make a list of all taxpayers of the township 
and to fix the value of all property assessed by him; to 
make out a complete list of the voters of the township and 
give a certified copy of the same to the township clerk; to 
furnish the county auditor a list of all persons between the 
ages of eighteen and forty-five who are not exempt from 
military duties; to make a list of the children of deceased 
soldiers; and once in ten years to take the census of the 
county. 

Each taxpayer is required by law to assist the assessor to 
make a complete list of the property he possesses. The tax- 
payer must make oath or affirmation that he has rendered 
a correct statement of all his property. For this purpose 
the assessor receives from the county auditor two assess- 
ment books to be kept in duplicate. In these books he 
lists the names of persons and a statement of their property, 
both real and personal, and the assessed value of the same. 
The assessor returns one of these books to the township 



68 HISTORY AND GOVERNMENT OF IOWA 

trustees for examination, and for the purpose of equalizing 
taxes among the individuals of the township. The other 
book he returns to the county auditor as clerk of the Bo c "rd 
of supervisors, who receives the books from all townships, 
compares the taxes as reported in them and equalizes the 
assessment between the townships. 

Compensation of Officers. Township officers are usually 
paid according to three different methods — fees, per diem, 
and per cent. For regular official business the trustees 
receive two dollars per day each ; for assessing damages, 
one dollar each; for viewing fences or locating ditch or 
drain, they are paid by the party having the work done. 
For regular official business the trustees are paid out of the 
county treasury. The township clerk receives for regular 
official business two dollars per day; for filing certain 
papers fifty cents each ; for all money officially committed 
to him, five percent ; for other work done his pay is regu- 
lated by the Board of supervisors. The assessor receives 
a compensation not to exceed two dollars per day. Jus- 
tices of the peace are paid by fees fixed by law and they 
usually receive fifty cents each for serving warrants or is- 
suing other documents. Constables are paid by fees 
ranging from ten cents to one dollar, besides traveling fees 
of five cents per mile going and returning by the nearest 
traveled route. 

QUESTIONS 

i. Distinguish between a civil and a congressional town- 
ship. 

2. Why do many men dislike to hold township offices? 

3. Enumerate the duties of the township trustees. 

4. Should the poor and the insane be cared for in the same 
county home ? 

5. Is there any charity organization in this county for the 
care of the poor? 

6. Name the different township officers. 



CHAPTER VIII. 

THE COUNTY 

A County is a subdivision of the state for the purpose 
of civil government. In Iowa there are ninety-nine 
counties. The earliest organized counties, including Des 
Moines and Dubuque in 1834, were established while 
Iowa was yet a part of Michigan Territory. The entire 
eastern part of the state was organized into counties by 
1837. Several counties were established under the 
territorial government of Iowa — 1836-46. The Con- 
stitution of the state gave the legislature the power to 
establish new counties, and as amended in 1857 it 
provided that "no county shall hereafter be created con- 
taining less than 432 square miles." Fifty- two counties 
are rectangular in form, with areas from 432 to 576 
square miles each, and contain from twelve to six- 
teen congressional townships. The remaining coun- 
ties, located mostly along the Mississippi and Missouri 
Rivers, are irregular in form and vary in area. The 
state legislature has power to enact uniform legislation 
governing counties in Iowa, except in so far as the 
constitution has placed limitations upon the legislature 
in matters such as changing the boundaries, locating 
county seats, and allowing counties to contract debts. 
Boundaries between counties can only be changed with 
the consent of a majority of the voters of the counties 
affected and with the consent of the legislature. 

The county offices are located and the business of the 
county is transacted at the county seat, a town or city 
located generally near the center of the county. The 
county capital, or the county seat, cannot be changed to 
another town unless a majority of the legal voters sign 
a petition to the supervisors of the county, who, upon 

09 



70 HISTORY AND GOVERNMENT OF IOWA 

receiving such petition, order an election. If at an election 
a majority of all votes cast is in favor of removal, the 
county seat is moved. 

County Officers. The officers of a county are as follows : 
a Board of supervisors, consisting of three, rive, or seven, 
the number being determined by the will of the voters 
of the county and not by its population or its size; an 
auditor, a treasurer, a recorder, a clerk of the district 
court, a county attorney, a sheriff , a superintendent of 
public instruction, a coroner, and an engineer. By an 
act of the General Assembly of 1915 the county engineer 
is subject to appointment by the supervisors and to re- 
moval by either the supervisors or by the State Highway 
Commission. His term of office is now one year. All 
other county officers except supervisors are elected for 
two years by the qualified voters; the supervisors serve 
three years. A county often has a Board on uniform 
text books, and such other temporary committees as 
may be necessary. Notaries public are also found in 
every town and village. They are appointed by the 
governor and hold their commissions for three years. 

County Supervisors. The Board of supervisors con- 
stitute the legislature of the county, and are the business 
managers of the county who have an oversight over all 
county officers. They may be chosen by the electors of 
the county on a general ticket, or the county may be 
divided into supervisor districts, one for each member. 
When the former method is used, no two supervisors 
can be chosen from the same civil township. In using 
the latter method the electors of each district vote for one 
supervisor from that district. The duties of the super- 
visors are varied and numerous and they hold five regular 
meetings each year, and such special meetings as the busi- 
ness of the county may require. All regular meetings are 



THE COUNTY 7 1 

held at the county seat and occur on the first Monday 
after the general election each year and on the first Mon- 
day of January, April, June and September. The 
majority of the Board constitutes a quorum and may re- 
quest a special meeting. The Board chooses its own chair- 
man, who presides over the meetings and votes as any other 
member. Executive and legislative powers are not so 
clearly separated in the county as in the state and the 
county supervisors exercise both legislative and adminis- 
trative functions. The powers and duties of the super- 
visors are determined by the state legislature and they 
may be expanded or contracted as the legislature may 
consider wise. 

Powers and Duties of Supervisors. The powers and 
duties of the Board of supervisors are such as to give 
them the entire control of the affairs of the county subject 
only to the state legislature. Their chief powers in- 
clude the following: to establish, organize and name 
townships; to provide the necessary buildings for the 
use of the county and the courts; to examine and settle 
all accounts of the receipts and expenditures of the county; 
tc examine and settle claims against the county; to pass 
resolutions relative to the property of the county; to deter- 
mine the salary of other county officers, to fix the bond of 
each and to determine the oath of office, as not otherwise 
fixed by law; to provide for the erection of county bridges 
and their repair; to locate all public highways; to deter- 
mine the amount of tax for county purposes; to act as a 
Board of equalization between townships; to canvass the 
election returns reported from the townships; to care 
for the poor and to erect and care for the county farm. 

County Buildings. The supervisors have charge of the 
erection, repair and care of county buildings, including 
a district court-house, a jail, a home for the poor and offices 



>j2 HISTORY AND GOVERNMENT OF IOWA 

for county officials. If in building a court-house, jail, 
or bridge, the supervisors decide to expend more than 
$5000, they must first secure the approval of a majority 
of the voters of the county. If in purchasing land for the 
county, they expend more than $2000, they must have the 
consent of the voters. These requirements depend largely 
upon the population of the county, and in populous 
counties, the supervisors may expend $10,000, or even 
$15,000, without a vote of the people. 

Care of the Poor. The care of the poor is the duty of 
the county supervisors, but the exercise of the power is 
often given to the township trustees. Temporary needs 
are generally met by the trustees, while those requiring 
permanent aid are cared for by the supervisors. The 
entire expense of the care of the poor is paid by the county. 
The supervisors administer aid by maintaining a county 
home or poor-farm under the charge of a steward. The 
supervisors may offer to the lowest bidder the care of 
poor people, or they may give them such food, medicine 
and clothing as they need in times of suffering. When 
paupers are sent to the county farm they are expected 
to contribute to their own support by such work as they are 
able to do. The insane of each county are sent to the 
state hospitals for treatment at the expense of the county, 
unless the relatives are able to pay. Each county has a 
commission of insanity, consisting of the clerk of the 
district court, and a physician and a lawyer appointed 
by the district judge. This commission determines the 
disposition of insane persons. In many counties the 
incurable insane are returned from the state hospitals to 
the county farms, where they are cared for. 

The Auditor. The Auditor is the secretary of the 
county in all of its business transactions through the Board 
of supervisors. He keeps the minutes of all meetings 



THE COUNTY 73 

of the supervisors, executes the orders of the Board, and 
records such matters as pertain to the county and sees 
that the minutes are published in some newspaper of the 
county. He has general custody of county property 
and buildings subject to the orders of the supervisors. 
The code of Iowa enumerates his duties as follows: ''Re- 
cord all proceedings of the Board in proper books provided 
for that purpose; make full entries of all its resolutions 
and decisions on all questions concerning the raising 
of money, and for the payment of money from the county 
treasury; sign all orders of the Board for the payment 
of money, and record in a book provided for that purpose, 
the reports of the county treasurer of the receipts and 
disbursements of the county ; preserve and file all accounts 
acted upon by the Board, with its action thereon, and 
perform such special duties as are or may be required 
of him by law ; to deliver to any person who may demand 
it a certified copy of any record or account in his office, 
on payment of his legal fees therefore." The auditor 
furnishes the poll-books for elections and prepares the 
official ballot for the county. The election judges of 
the various precincts make their returns to him. Copies 
of the assessors' books from every township and town of 
the county are filed with the auditor after being cor- 
rected by the Board of equalization. He also keeps a 
record of all the taxes voted in the school districts, town- 
ships, towns and county, and of the state tax to be col- 
lected in the county. He issues certificates of election 
to county officers and holds their bonds. Resignations 
from township and county officers are made to him. He 
draws warrants on the county treasurer and his books 
must always correspond to those of the treasurer in all 
matters of money records. He estimates the amount of 
tax to be paid by each taxpayer, and he gives a copy to the 
county treasurer, which is followed by him in collecting 



74 HISTORY AND GOVERNMENT OF IOWA 

taxes. The county auditor also loans out the permanent 
school fund sent to him by the auditor of the state. 

The compensation of the auditor is determined accord- 
ing to the population of the county. In counties having 
less than 10,000 inhabitants he receives $1200 per year. 
In counties having between 10,000 and 25,000 inhabit- 
ants he receives $1400. In counties having a population 
exceeding 25,000 the salary is determined by the Board 
of Supervisors. 

The Treasurer. The county treasurer receives and cares 
for all the money collected by the county. All taxes are 
paid to him in the treasurer's office or to his deputies in 
different towns and then sent to the treasury. He receives 
from the auditor a list of the taxpayers and the amount 
of tax to be paid by each. He must then collect the 
taxes within a given time specified by law. It is his duty 
to keep a separate account with each taxpayer and of each 
fund that comes into his possession. He pays out money 
only on warrants signed by the county auditor, and thus 
each officer's books are a check upon those of the other. 
The supervisors require a heavy bond from each of these 
officers to insure the faithful performance of their duties, 
and the published account of the supervisors' proceedings 
shows the taxpayer what is done with the county's money. 
The county treasurer must keep an account of all receipts 
and disbursements in such form that they may be inspected 
by the Board of supervisors at any time. 

The county treasurer is paid a percentage of the money 
collected by him together with other fees. If the entire 
amount exceeds $1500 per year the balance is returned 
to the treasury. If the population of the county does not 
exceed 10,000 the compensation of the treasurer cannot 
exceed $1300. If the population exceeds 25,ooo the Board 
of supervisors may add additional compensation above 
$1500. 



THE COUNTY 75 

The Recorder. The county recorder keeps an exact 
record of all deeds, mortgages, articles of incorporation 
and other written instruments which may be delivered 
to him for record. When lands or houses are sold the per- 
son making the sale must render to the purchaser a written 
instrument called a deed. This deed is evidence that 
real estate has passed from one person to another, and 
contains the names of both seller and purchaser, the 
amount paid, and the amount of land and its location. This 
deed is presented to the auditor so the taxes may be 
assessed against the new owner; then it is given to the 
recorder for record. If the records have been well kept, 
the recorder's books will show a complete history of the 
titles of all lands within the county. The first owner of 
all lands, according to our records, is the United States 
Government. The first deed given — from the govern- 
ment to an individual — is called a patent. The first 
owner is assumed to still own the land, unless there is a 
public record showing the land has come into the posses- 
sion of another person. An abstract of title to real estate 
is simply a very brief history of the ownership and trans- 
fers from the time the land belonged to the government 
down to the present owner. A mortgage is a conveyance 
of property, upon condition, as security for the payment of 
a debt or the performance of a duty, and to become void 
upon such payment or performance. Sometimes more 
than one mortgage is given on the same property, and in 
such case the mortgage first recorded must be first paid. 
To record a mortgage is therefore necessary to its full 
validity. 

When a person buys real estate it is necessary to consult 
four different sources of authority to make sure the 
purchaser is in full possession of the property. First, it 
is necessary for the purchaser to consult the books of 
the county recorder to see if the property is free from 



76 HISTORY AND GOVERNMENT OF IOWA 

mortgage. The purchaser must also find from the re- 
corder's books if he has a clear title to his property, that is, 
if he can secure an abstract of title. Third, he must 
consult the treasurer's books to see if previous owners have 
paid the taxes as they became due. Fourth, he must 
consult the records of the clerk of the district court and 
see if the court has given any judgments against the 
property. 

The office of recorder pays the least salary of all the 
county offices, and it is one of two county offices frequently 
filled by women. In counties of less than 25,000 inhabit- 
ants the salary is $1200. In counties over 25,000 people 
and not exceeding 35,000, it is $1500, and in counties of 
60,000 or over, it is $2000. 

The Clerk of the District Court. The county clerk is 
not the secretary of the county, as the name would signify, 
for that office is filled by the county auditor. The clerk 
is the secretary of the district court. All official business 
transacted by the district court held in the county is re- 
corded by him. He must attend the sessions of the court 
either in person or by deputy. He makes a record of all 
suits entered in the court, all notices given, all witnesses 
subpoenaed, all juries impaneled, all decisions rendered, 
all judgments made and all executions issued. A judg- 
ment given by the court frequently affects the title to real 
estate. An unpaid judgment may form a lien upon any 
real estate the party may own or acquire. In all cases 
the party losing the suit is required to pay the costs. 

The court has the authority to appoint executors, ad- 
ministrators and guardians. When the court is not in 
session the county clerk can appoint these officers. The 
clerk issues marriage licenses and records the same accord- 
ing to the laws of Iowa governing such licenses. He also 
records all births and deaths occuring within the couity. 



THE COUNTY 77 

The general assembly of 191 1 fixed the salary of the 
county clerk, ranging from $1100 to $3300, according to 
the population of the county. In the counties of 40,000 
inhabitants or less, the county supervisors may add an 
additional sum of from $300 to $400. 

The Attorney. The county attorney is the legal adviser 
of all county and township officers. Cities of the first 
and second classes have a city solicitor, who is the legal 
adviser of city officers and defends cases on behalf of the 
city. The county attorney prosecutes all cases in which 
the state is a party when arising either in the justices' 
court of the township, or in the district court of the county. 
When a case is appealed from the district court of the 
county to the supreme court of the state, the Attorney- 
General may continue the services of the county attorney 
if he chooses to do so. He assists the grand jury in 
gaining information and drawing indictments, and since 
1 91 1, he may upon his own sworn information prosecute 
criminal offenses to final judgment in the district or 
supreme court, if the punishment of such offenses exceeds 
a fine of $100 or thirty days' imprisonment. 

The Sheriff. The office of county sheriff originated in 
early England. The head executive of the local govern- 
ment, called the Shire, was the Shire-reeve. The English 
shire corresponds to the American county. In Iowa, 
the sheriff is primarily the executive officer of the district 
court. He is subject to the orders of the court and serves 
all papers issued by the court, such as subpoenas for sum- 
moning witnesses, search warrants, and warrants for ar- 
rest. He may serve similar papers for lower courts. He 
attends the sessions of the district court, and it is his duty 
to open each session of the court each day. This he does in 
the familiar phrase — " Hear ye ! hear ye ! the district court 
of County is now in session." He executes the judg- 



78 HISTORY AND GOVERNMENT OF IOWA 

ments of the district court and carries out the orders 
of the district judge. Disobedience to the commands 
of the court constitute "contempt of court' ' and may 
be punished by fine or imprisonment. 

The sheriff is in charge of the county jail and has 
the custody of all persons committed to it. He may 
make arrests in his own county, or in another county 
with the consent of that county. He is the peace officer 
of the county and may appoint deputies to assist him. 
He may, in extreme cases, form a posse comitatus to 
assist in restoring order. His compensation ranges 
from $2000 to $3000 per year, depending on the popu- 
lation of the county. He receives additional fees which 
he is allowed to collect for various services rendered. 
He generally is obliged to pay his deputy from the 
above compensation and fees. 

The Superintendent. The county superintendent of 
schools has general oversight of school work in the 
county. The work of the office is not so extensive as 
formerly, owing to the fact that the issuing of certificates 
to teach is now almost entirely in the hands of the 
State Board of Educational Examiners. This Board 
makes out the questions for teachers' examinations and 
the papers are read and graded under the supervision 
of the state superintendent. The office is very impor- 
tant, however, in the help the superintendent is able 
to give to the teachers. Beginning with 1915 the county 
superintendent of schools is appointed by a county 
board of education to serve three years. 

The county superintendent conducts the examination 
for teachers, and sends the written papers to the Board 
at Des Moines. He makes recommendations as to the 
moral character and personal fitness of the applicant 
to teach. He assists school officials in selecting teachers, 



THE COUNTY 79 

and aids teachers in finding schools. He holds a normal 
institute each year for the instruction of teachers and he 
may advise with teachers in appointed meetings as to 
the best method of teaching. He gives assistance to 
local officers as to the location of buildings, the planning 
of buildings, caring for the grounds, and he hears and 
decides appeals of aggrieved parties concerning lands, or 
in matters of school discipline. An appeal may be 
taken from the decision of the county superintendent to 
the state superintendent in certain matters. The salary 
of the county superintendent is $1500 per year, and 
the representatives pf the school corporations appointing 
him may allow such further sum by way of compensation 
as may be just and proper. 

The Coroner. The title of coroner is no longer 
significant of the dignity and power that clothed that 
office in early England. In England, in early times, 
the coroner was the king's crowner, or the law officer 
who tried crown pleas in the courts. The coroner, as 
known among our county officers, has nothing to do 
with legal affairs other than the investigation of sudden 
deaths where uncertainty as to the cause prevails, or 
where suspicion of foul play exists. When a dead body 
has been found and there is reason to believe a crime 
has been committed, the coroner is informed and he 
at once summons a jury of three persons to hear evi- 
dence concerning the cause of death. He may subpoena 
witnesses and take testimony, after which the jury 
renders a verdict. The jury generally consists of a 
physician, a lawyer and one other person. If the jury 
designates any person as the perpetrator of the crime, 
the coroner must arrest that person and present him 
to the district court for trial. A justice of the peace 
may act as coroner in the absence of that officer. The 



80 HISTORY AND GOVERNMENT OF IOWA 

coroner is paid by fees and he may succeed to the office 
of sheriff in case of a vacancy in that office. 

The Engineer. The State Legislature of 1911 passed 
an act abolishing the office of county surveyor and 
created in place of it the office of county engineer. The 
reason for the change was due to the very small amount 
of surveying necessary to be done and the much greater 
need of an engineer to construct grades, ditches, roads 
and build bridges. The former duties of surveying 
lands and settling boundary disputes by locating lines 
is now a part of the county engineer's duty. The 
engineer is paid by fees, and when acting for an in- 
dividual is paid by that person. 

Taxes. Taxes in Iowa are levied by five different 
authorities — the state, the county, the township, the 
town or city and the school district. All of these taxes 
are assessed at the same time by the township or town 
assessor. Taxes may be paid in full between the first 
Monday in January and the first day of March; or they 
may be paid in two installments, the first half before 
the first day of March, and the second half before the 
first day of September. The first half is due the first 
day of March and becomes delinquent the first day of 
April. The second half is due the first of September 
and becomes delinquent the first of October. After 
taxes become delinquent a penalty of one per cent 
per month is collected. If taxes are unpaid the county 
treasurer offers such real estate for sale at his office on 
the first Monday in December. Lands thus sold for 
tax may be redeemed if the owner pays all back taxes 
with interest before the end of three years. 

An act of the general assembly of 1911 repealed the 
law passed a few years before, commonly known as the 



THE COUNTY 8l 

tax ferret law. That law provided that the supervisors 
of a county had the right to "contract in writing with 
any person to assist the proper officers in the discovery 
of property not listed and assessed as required by law." 
The law was severely criticised because of the alleged 
unfairness in its manner of operation and was repealed 
in 1911. 

QUESTIONS 

1. By what authority are counties organized? 

2. Name the civil townships in this county. 

3. What are the duties and powers of the county super- 
visors? 

4. Name the legislative, the executive, and the judicial 
officers of the county. 

5. Name the county officers in the order of their import- 
ance. 

6. What officers would you consult to determine the 
validity of a title to real estate? 

7. Which predominates in this state — the county or the 
township system of government? 

8. Can a person sue the county? Can a person sue the 
state? 

9. Which officers can furnish a statement of the county 
expenses? 

10. Where would you go to file a will for probate? 

11. How many congressional townships in this county? 

12. How may a person know whether he has a clear title 
to land he purchases? 






CHAPTER IX. 

MUNICIPAL GOVERNMENT 

By municipal government we mean the government 
of towns and cities. In discussing governmental units 
we learned that government must become more detailed 
in its activities and more complex in its operation as 
people are brought together in larger numbers. The need 
of laws by people living in sparsely populated districts 
is comparatively small, but when many people live within 
a comparatively small area, such as a town or city, their 
needs are greatly increased. Rural roads need only to 
be well graded and drained, but city streets must be paved 
to make them passable in rainy weather. A township 
constable can generally maintain order in the township, 
while the city must have many policemen to guard the 
safety of the people. An automobile may be driven at 
a high rate of speed on a country road, but in the crowded 
city such speed would endanger the lives of the people. 
These few instances are sufficient to show the need of more 
carefully administered government in a city than what 
is required in the country. 

Classification. Municipalities are divided into three 
classes, according to population. Cities of the first class, 
with a population of fifteen thousand and upwards; cities 
of the second class, with a population of two thousand and 
less than fifteen thousand; incorporated towns, with a 
population of less than two thousand. A village is a 
community of people living in about the same social 
relations as those living in a town, but which is not yet 
82 



MUNICIPAL GOVERNMENT 83 

incorporated under the laws of the state. Some villages 
are as large as some incorporated towns. 

Manner of Incorporation. When the people of a village 
wish to become an incorporated town, they may apply 
to the district court by presenting a petition signed by not 
less than twenty-five voters living within the area of the 
proposed town. The district judge may change or limit 
the area proposed to be incorporated. The court then 
appoints five commissioners, who give notice of an election 
and conduct such election within the proposed town. 
The commissioners act as the judges of election, and if 
a majority of all votes cast favor incorporation, the 
commissioners report such decision to the district court. 
The court then directs the same commissioners to hold 
another election for the necessary town officers. 

When a town has two thousand or more people it may 
by automatic action become a city of the second class. 
That is, when the official census shows a town to have two 
thousand people, the town council may then follow the 
state law for the government and control of a city of the 
second class, and provides for such additional officers 
and makes such other changes as are necessary. When 
a city reaches fifteen thousand or more people, it may be- 
come a city of the first class by the same automatic action. 

Control of Municipalities. Towns and cities in Iowa, 
and generally throughout the United States, are under 
the complete control of the state legislature. The legis- 
lature enacts laws giving them powers and privileges com- 
mensurate to their needs. It is generally assumed that 
such incorporated bodies have only such powers as are 
specifically given to them by state law. The chief argu- 
ments in favor of a village becoming an incorporated town 
are: it increases the privileges of the people for good 
government; and it enables them to levy greater taxes 



84 HISTORY AND GOVERNMENT OF IOWA 

for town improvements. The chief objection is that it 
increases taxes. 

Officers. In an incorporated town the officers comprise: 
a mayor; a council of five members elected at large; a 
clerk, a treasurer, and an assessor, elected by the people 
for two years. There is also a street commissioner ap- 
pointed by the council, and a marshal appointed by the 
mayor. Other officers may be appointed as are necessary. 

In cities of the first and second classes the council con- 
sists of one member elected from each ward and two 
elected at large. Cities of the second class are divided 
into wards, not less than three or more than seven. The 
clerk is chosen by the council instead of by the people. 
The city also has a solicitor chosen by the people. A 
marshal, deputy marshal and police officers are appointed 
by the mayor, with approval of the council, and hold office 
at the pleasure of the mayor. Any city having a popula- 
tion of four thousand or more may, at its own discretion, 
have a superior court. In 191 1, there were seven such 
cities. If the city has thirty thousand people it may have 
a Board of public works. 

A city of the first class has elective officers as follows: 
a mayor; council, solicitor, treasurer, auditor, city en- 
gineer, assessor, and where there is no superior court, a 
police judge. The council appoints a clerk, a physician, 
a street commissioner, and when necessary, a wharf -master. 
The mayor appoints a marshal, who is, ex-ofjicio, chief of 
police, and as many policemen as the council by ordinance 
may direct. The officers appointed by the mayor hold 
office during his pleasure; those appointed by the council, 
at the first meeting after the biennial election, hold office 
for two years. Other officers may be provided for by the 
mayor and council. 

Powers of the Council. The town or city council is the 



r 



MUNICIPAL GOVERNMENT 85 

legislative and the controlling body of the municipality. 
It has power to enact ordinances to promote the safety, 
health, property, order, comfort, convenience, and to im- 
prove the morals of the community. The council provides 
for paving, cleaning and lighting streets and alleys; for 
city water, light, sewerage, parks, libraries and play- 
grounds; they legislate against nuisances, regulate 
slaughter houses, determine the construction of buildings 
and the care of cemeteries. The council may also grant 
licenses to saloons, billiard halls, theatres, circuses, shows, 
auctioneers, pedlers, etc. It may also prescribe regu- 
lations for hotels, restaurants, bus lines, etc. It may 
prescribe the width of tires on vehicles used on the streets 
and may designate which streets may be used for heavy 
teaming. All ordinances must be passed by the council 
and signed by the mayor, unless passed over his veto. 
Ordinances must be published in some newspaper in the 
city as soon as enacted, or they may be posted in at least 
three public places. A violation of an ordinance consti- 
tutes a crime against the town or city and is subject to 
punishment by a fine not exceeding one hundred dollars, 
or by imprisonment not exceeding thirty days. 

Elections. The regular elections in Iowa towns and 
cities are held biennially, on the last Monday in March. 
The council divides the city into precincts and determines 
one voting place in each precinct. It also appoints judges 
and clerks, and conducts the election in about the same 
manner as the general election. Any qualified voter 
having a legal residence in the city or town and having 
lived ten days in the precinct may vote. All cities having 
a population of 3500 or more require all voters to register 
before voting. The object is to prevent those from voting 
who do not possess the legal qualifications. The city 
council appoints one person from each of the two political 



86 HISTORY AND GOVERNMENT OF IOWA 

parties having polled the largest number of votes at the 
last general election, to act as registers in each voting 
precinct. These registers meet in each precinct on the 
Thursday prior to the general election. Before presi- 
dential elections the places of registration are open for 
three days, other elections, two days. All persons wanting 
to vote at the general election must appear before the 
register and present evidence that he is qualified to vote 
in that precinct. His statement of qualifications is 
registered in a book kept for that purpose. 

Cities under Special Charters. Previous to the revision 
of the Constitution in 1857, the state legislature granted 
special charters to some towns in Iowa, which have since 
continued to govern themselves under those charters. 
They are five in number and include, Davenport, Dubuque, 
Glenwood, Muscatine, and Wapello. The charters are 
not alike and are subject to the control of the legislature 
the same as are other cities. 

Commission Plan of Government. Municipal govern- 
ment in the United States has not proven as satisfactory 
in its operation as has the government of other political 
units. Cities are generally populated by a variety of 
people. Slum districts are filled with irresponsible 
people who are easily led and influenced by demagogues 
and political bosses. The expenditures necessary to 
carry on city government are enormous. For these and 
other reasons city government is often corrupt in character 
and extravagant in expenditures. To remedy these de- 
fects, various plans of government have been suggested. 
Some people believe greater executive control on the part 
of the state to be the solution of bad city government, 
and advocate the appointment of mayors and councilmen 
by the state. Other people believe home rule will better 
remedy the abuses. During the past few years a system 



MUNICIPAL GOVERNMENT 87 

of city government known as the commission plan has 
been tried throughout the country. Galveston, Texas, 
seems to be the most successful of the western cities in this 
plan of government. It has been adopted by cities in 
Iowa, and is now in operation in Des Moines, Cedar 
Rapids, Burlington, Fort Dodge, Keokuk, Marshalltown, 
Sioux City, Ottumwa, and Mason City. This plan of 
government was first provided for by the legislature in 
1907. This first act applied only to cities of 25,000 or 
over, but in 1909, it was extended to cities having a 
population of 7000 or more. 

Government by Commission. Under this plan of 
government the control of the city is given to a commis- 
sion still retaining the name council. In cities of 25,000 
or more the commission consists of a mayor and four 
councilmen, while in cities of 2000 and less than 25,000, 
it consists of a mayor and two councilmen. The elec- 
tions, both primary and general, are non-partisan, and 
any qualified voter may become a candidate and stand 
for election. In the primary election each voter may 
vote for one of the candidates for mayor. The two 
persons receiving the highest number of votes become 
the candidates for mayor in the general election. From 
the candidates for councilmen in the primary each voter 
may vote for eight in cities of 25,000 population or over, 
and for four in cities of less than 25,000. In the general 
election the mayor is chosen from the two candidates, 
and the councilmen are chosen from the eight candidates 
or from the four candidates, as the case may be. 

The affairs of the city are grouped under five different 
departments, designated by the following names: 

1. Department of Public Affairs. 

2. Department of Accounts and Finance. 

3. Department of Public Safety. 

4. Department of Streets and Public Improvements. 

5. Department of Parks and Public Property. 



88 HISTORY AND GOVERNMENT OF IOWA 

The mayor is at the head of the first department and a 
councilman heads each of the other departments. In 
cities having only three members in the commission each 
councilman has charge of two departments. Each mem- 
ber of the commission is designated as superintendent of 
his department. Each commissioner has charge of his 
own department, and is responsible for the success and 
conduct of it. 

He recommends appointments for his department and 
these are acted upon by the council. 

New Features. The principle of recall is operative in 
the commission plan of government. If any commissioner 
is charged with corruption or negligence in the administra- 
tion of the affairs of his department, he may be removed 
from office and another person elected in his place. The 
process of removal requires that a petition requesting his 
recall be signed by twenty-five per centum of the voters 
and be presented to the city clerk. An election is then 
held to choose a successor. The removed officer may again 
be a candidate. The person receiving the highest number 
of votes is elected. A second new feature in this plan of 
government is the initiative and the referendum by which 
the people may demand and obtain direct legislative 
power. If a proposed ordinance is submitted to the 
council, accompanied by a petition signed by a number of 
voters equal to twenty-five percentum of the votes cast 
for all the candidates for mayor at the last general election, 
the council must pass the ordinance without alteration, or 
they must submit it to the vote of the electors within a given 
time. The people may also demand that an ordinance 
passed by the council be submitted to them for approval 
or rejection, in the same manner. 

Advantages. The commission plan of government has 
the following advantages. It makes the mayor and council 



CITY MANAGER PLANS OF GOVERNMENT 

The general assembly of 1915 enacted two different laws 
concerning city manager plans of government. The first 
act provides that cities of over 25,000 inhabitants may 
create the office of city manager and fix his duties, powers 
and compensation. The manager is to be appointed by 
the council by a majority vote, at any regular meeting, and 
shall hold his office at the pleasure of the council. After 
the manager has been appointed the council may provide 
by ordinance that he "shall perform any or all of the duties 
incumbent upon the street commissioner, or manager of 
public utilities, cemetery sexton, city clerk, superintendent 
of markets, and that he shall superintend all work upon 
the alleys, streets, and public grounds of the city or town, 
and to perform such other and further duties as may be 
imposed upon him." This has sometimes been called the 
Clarinda Plan. 

The second act for chy manager plan of government 
provides that twenty-five percent of the voters of the city 
or town may petition the council for an election to vote 
upon the adoption of the plan. If adopted in cities of 
25,000 or more inhabitants, five countilmen are elected, and 
in cities and towns of less than 25,000 inhabitants, three 
councilmen are elected; the terms are so arranged that all 
councilmen will not go out of office at one time. The council 
when organized selects one of its own members as chairman, 
who is designated as mayor and is recognized as official 
head of the city or town, although he is limited in his ac- 
tivities. The members of the council, who serve without 
compensation, are required to meet at least once a month, 
and their meetings are open to the public. The council 
appoints a city manager who must be a competent person 
and "who shall be the administrative head of the municipal 
government of the city cr town in which he is appointed." 
The city manager need not be a resident of the city at the 
time of his appointment. This second plan is sometimes 
called the Waterloo Plan. 

88a 



MUNICIPAL GOVERNMENT 89 

directly responsible to the voters and subject to their recall; 
it does away with ward politicians, as councilmen are all 
chosen at large; it gives the people the power to initiate 
legislation and to approve or reject the council's ordi- 
nances; it tends towards expert government because the 
commissioners are paid to give full time to the work of 
the city; the better class of people have an opportunity 
to defeat any ward in its attempt to send unworthy men 
to the council. 

Compensation. The salary paid to city officials is de- 
termined by the population of the city. The mayor's 
salary ranges from $600 in cities of less than 10,000 
inhabitants to $3500 in cities of over 60,000, The com- 
pensation of councilmen ranges from $450 to $3000, 
according to the population. 



QUESTIONS 

1. Which is the more complex — the government of towns 
and cities, or the government of the county? Why? 

2. From what authority do towns and cities receive their 
charters? 

3. What are city ordinances ? 

4. Compare towns and cities of the second class. 

5. How may a town become incorporated ? 

6. By what process may a city of the second class become a 
city of the first class? 

7. Would township government be sufficient if adminis- 
tered in a city ? Why ? 

8. Name five powers of a city council. 

9. Describe the commission plan of city government. 

10. What advantages does the commission plan offer? 

1 1 . What are the defects of the commission government ? 

12. How many cities in Iowa now have commission govern- 
ment? 



CHAPTER X. 

PUBLIC EDUCATION 

Early Provisions. In his first message to the territorial 
legislature, in 1838, Robert Lucas recommended "the es- 
tablishing, at the commencement of our political existence, 
of a well-digested system of public schools." This led 
to the passage of a law authorizing the organization of 
public schools, which went into effect January 1, 1839. 
It provided that free schools should be opened to free 
white children between the ages of four and twenty-one. 
The Constitution of 1846 contained an article on educa- 
tion and school lands. This Constitution also provided 
"that the legislature shall provide for a system of common 
schools by which a school shall be kept up and supported 
in each school district at least three months in every year." 
It also declared that the legislature should provide for the 
establishment of libraries as soon as the circumstances 
of the state would permit. The legislature of 1854 re- 
vised and improved the school laws, giving more power 
to the people and to the Boards and a larger fund out of 
which to pay teachers and contingent expenses. This act 
marked the first rapid growth and expansion of public 
elementary education. The office of city superintendent 
and the high school now appeared. 

School Areas. Iowa at present contains four different 
kinds of school areas. (1) The school township is the 
largest local school unit. It generally coincides in size 
and boundaries with the civil township. It is generally 
subdivided into sub-districts, although it may exist as an 
90 



PUBLIC EDUCATION 9 1 

independent district township without division. When 
the township is regular in size and is sub-divided, it con- 
tains nine sub-districts. Sometimes smaller townships 
contain only eight or seven sub-districts. (2) The 
independent school district, as the term is applied to a 
town or city, is the second kind of school area. It varies 
in size and may consist of but one sub-district of the 
township, or it may include two or more sub-districts, 
depending on the size of the incorporated area of the town 
or city. This kind of district may be formed upon the 
presentation of a written petition of any ten voters of a 
city, town or village of over one hundred residents to the 
Board of the school township in which the portion of the 
town plot having the largest numbers of voters is situated ; 
such Board shall establish the boundaries of a proposed 
independent district. (3) Rural independent districts 
may be formed upon a written request of one-third of the 
legal voters of the sub-district after giving a notice of thirty 
days. If a majority of voters cast their votes in favor of 
independent districts, then each sub-district of the town- 
ship becomes a rural independent district and calls a 
meeting to choose three directors to serve for one, two and 
three years respectively. A single sub-district cannot 
become independent unless it contains a village, town or 
city. (4) Sub-districts are the divisions of a school 
township. If the township is regular in size it will contain 
nine sub-districts. Sub-districts are not school corpora- 
tions as are the three first mentioned school areas. Each 
sub-district elects one sub-director, who is the adminis- 
trative officer of the district. He meets with other sub- 
directors in the regular township meetings. 

Changes in Organization. We have seen how a school 
township consisting of sub-districts may change into an 
independent school township, and how any district con- 



92 HISTORY AND GOVERNMENT OF IOWA 

taining a village, town, or city may become independent; 
also that the sub-districts of a school township may become 
rural independent districts by a majority vote of the legal 
voters of the township. The law also provides that upon 
a majority vote of all the people of the township the inde- 
pendent rural districts may again become sub-districts of a 
school township. School government in incorporated towns 
and cities is not changed by the change made in school town- 
ships or in sub-districts. Towns and cities are given exclu- 
sive control of their school affairs as one of the privileges given 
under incorporation. 

In 1915 the general assembly changed the compulsory 
school attendance law as to compel the attendance at some 
public or parochial school of every child between the ages of 
seven and sixteen years for a period not less than twenty- 
four consecutive weeks each year. If a child has the equiva- 
lent of an eighth grade education and is regularly employed, 
the law does not apply. Neither does the law apply to a 
child living more than two miles from school unless trans- 
portation is furnished. 

A minimum wage law for teachers was also enacted in 1913. 

Consolidated Rural Schools. If the people in a rural 
community wish to establish a consolidated rural school they 
may do so if the majority of the legal voters are in favor of 
such school. Such district must contain at least sixteen 
sections of land and be approved by the county superintend- 
ent. Five directors are chosen to manage the affairs of 
such district. The people vote the taxes and determine the 
kind of school building they will have. The directors pro- 
vide for the transportation of all persons of school age living 
within the district. The sentiment in favor of consolidation 
is growing in Iowa and the legislature has provided for a 
part of the expense of these schools by giving them§money 
known as state aid. 

School Directors. In the regular school township each 
sub-district elects one director. If the township contains 
an even number of districts, one director is elected at large. 
These sub-district directors are elected in meetings held on 
the first Monday in March in each district. The independent 
town and city districts elect their directors the second Monday 



PUBLIC EDUCATION 93 

in March. Cities of the first class have seven directors each, 
while the cities of the second class and cities under special 
charter have five. Rural independent districts elect directors 
on the second Monday in March as do the towns and cities. 
A few of the most populous rural independent districts in 
Iowa choose five directors, while all others choose three each. 

School Meetings. The different school districts hold 
three different kinds of meetings. The first meeting is 
for the election of directors and is one of the most demo- 
cratic in character of all meetings in American government. 
At this meeting all qualified voters assemble, and not only 
vote for directors and other officers, but they may at the 
same time exercise large legislative functions. In these 
meetings women have the right to vote on all questions 
concerning the issuance of bonds. Women may also be 
chosen directors or other school officers. In sub-districts 
this meeting is held on the first Monday in March. In all 
other districts it occurs on the second Monday in March. 
The second kind of meeting is the organization meeting, 
at which the school Boards are organized and at which 
general Board business is taken up. In villages, towns, 
and cities this meeting occurs on the third Monday of March, 
while in rural independent districts, independent townships, 
and school townships it occurs on the first day of July. The 
third kind of meetings held by school corporations are special 
meetings. Such meetings may be called by giving ten days' 
notice. The sale of school property, the purchase of sites, 
the construction of buildings and the obtaining of roads may 
be arranged for in these special meetings. 

Powers of the Boards. The school Boards have very 
extensive power in the control of the school interests over 
which they preside. The Board cares for school property, 
chooses sites for school buildings and erects the same. The 
Board may divide the district, if necessary, and determine 
which school the pupil may attend. It may also unite 
districts or establish union or graded schools. The Board 
prescribes the course of study for the schools and makes 
rules governing the sub-district directors, officers and teach- 
ers. It must keep a careful account of all receipts and ex- 
penditures of money and publish the same each year. The 



94 HISTORY AND GOVERNMENT OF IOWA 

Board makes annual estimates of the amount of taxes 
necessary to carry on the schools. It must also pro- 
vide instruction for at least six months in each year 
for all persons of school age. It may, if the voters 
so choose, furnish free books to all indigent children 
who would otherwise be deprived of school advantages. 
The voters at the annual meeting may instruct the 
Board to carry out such further regulations as the 
people of the district may wish. The law of 1890 
empowers the Board to purchase and furnish to the 
pupils at cost school books and other supplies. 

County Board of Education. The county superintend- 
ent, the auditor, and the Board of supervisors constitute 
a Board of education for the county. Upon the receipt 
of a petition signed by one-half the school directors of the 
county, the Board may provide for the holding of an elec- 
tion to decide whether or not there shall be uniform 
text-books. If uniform text-books are adopted, the 
Board must decide upon the books to be used, to purchase 
them and to sell them to the directors of the districts. 
County uniformity does not apply to towns and cities. 

State Board of Education. This Board will be dis- 
cussed in Chapter XV., as regards its composition, duties 
and powers. The duties of the Board, as denned by 
statute, are: to exercise complete control over the four 
state institutions — the University, the Teachers College, 
the Agricultural College and the College for the Blind. 
The Board, however, exercises a far greater influence over 
education in the state than merely to control these four 
institutions. In determining the entrance requirements 
to the first three institutions, the Board practically fixes 
a standard for every high school in the state. By deter- 
mining the standard and quality of instruction in the 



PUBLIC EDUCATION 95 

state institutions, the Board also determines the standard 
and quality of instruction in practically all other colleges 
of the state. All standard colleges of the state will gradu- 
ally come to accept the rulings of the State Board of Edu- 
cation as regards entrance qualifications, equipment, 
quality of instruction and conditions for graduation. The 
high schools will necessarily need to meet the requirement 
of the Board in order to gain entrance for their graduates 
into the colleges. The grades, in turn, are slightly 
affected by the changed requirements of the high schools. 

State University of Iowa. The University was estab- 
lished February 25, 1847, and was located at Iowa City. 
It is maintained and controlled by the State of Iowa and 
stands at the head of the public school system. The 
University is under the administration of the State Board 
of Education, consisting of nine members, and a Finance 
Committee of three members appointed by the Board. 
The immediate control of the institution is under the 
charge of the president and the faculty. The University 
comprises the following colleges: Liberal Arts, Graduate 
College, Law, Medicine, Homeopathic Medicine, Den- 
tistry, Pharmacy, Fine Arts; and the schools of Political 
and Social Science, Education, Music, Library Training, 
and Nurses. 

State Teachers College. The Teachers College was 
established in 1876, and was located at Cedar Falls. This 
college is also under the control of the State Board of 
Education. It is a teacher's school, and limits its instruc- 
tion to courses particularly planned for all kinds of public 
school teachers. The courses furnish instruction for 
primary teachers, kindergarten, physical training, manual 
training, domestic science, music and general grade and 
high school teachers. 



96 HISTORY AND GOVERNMENT OF IOWA 

Iowa State College of Agriculture. This college was 
established in 1868, and is under the control of the State 
Board of Education. It is located at Ames. Courses 
are given in mechanical, electrical, mining and civil 
engineering; in dairying and animal husbandry; in 
agriculture and horticulture; and in general science and 
in domestic science. A large and well-equipped experi- 
ment station is a part of the institution. 

College for the Blind. This institution is located at 
Vinton. The literary work covers a period of twelve 
years and is outlined similar to the work done in the 
public schools, having a fully accredited high school. 
The department of music is supplied with a number of 
pianos, one pipe organ and a number of stringed instru- 
ments. All students are required to do work in the 
industrial department. These advantages are free to all 
blind children of school age and to those whose defective 
vision prevents them from attending the public schools. 

QUESTIONS 

1. Under what conditions may the boundaries of a civil 
township differ from those of a congressional township? 

2. Why do villages prefer to be organized into inde- 
pendent school districts? 

3. Do you believe in rural consolidation? Why? 

4. Who pays the tuition of rural pupils while attending 
town high schools? 

5. Name the different kinds of school meetings. 

6. May women vote at school meetings? 

7. Do you know of any school township where free 
text-books are furnished to the pupils? 

8. Why is a school meeting a democratic institution? 

9. Give the names of the persons constituting the 
present State Board of Education. 

10. What is the difference between a university and a 
college? 



CHAPTER XL 

THE COST OF EDUCATION 

Financial Support for Education. Large sums of money 
are required every year to pay the expenses of education 
in the schools and colleges of Iowa. Buildings must be 
erected and furnished; heat, light and supplies must be 
provided; salaries of teachers must be paid and other 
incidental expenses must be met. The money used to 
pay these expenses is derived from the following sources: 
land grants made by the Federal Government to the 
state; money grants made by the Federal Government 
to the state; appropriations made by the state legisla- 
ture; special taxes on assessed valuation of taxable 
property in the state levied by acts of the state legisla- 
ture; ordinary and special school taxes voted by the 
electors in school districts; money paid as an equivalent 
from exemption from military duty; the clear proceeds 
of fines collected for breaches of the penal laws; the pro- 
ceeds of lands escheating to the state. 

Land Grants from the Federal Government. In July, 

1840, while Iowa was still a territory, Congress passed 
an act granting two townships of land to the territory to 
be used for the support of a territorial university. This 
has been known as the University Grant. On Septem- 
ber 4, 1 841, Congress granted to each of the states 500,000 
acres of land for internal improvements, and when Iowa 
framed its Constitution, provision was made to use this 
amount of land for school purposes rather than for some 
other form of internal improvement. On March 3, 1845, 

97 



98 HISTORY AND GOVERNMENT OF IOWA 

the National Government passed an act, providing that 
the sixteenth section of every township in Iowa should be 
granted to the state for the use of schools. This was 
known as the Sixteenth Section Grant and contained 
about 1,104,331 acres. Also on March 3, 1845, tne 
National Government granted to the State of Iowa all the 
salt springs within the state to a number not to exceed 
twelve, and with each spring six sections of land. The 
number of springs located was seven and the amount of 
land obtained in this way was 46,202 acres. In 1853, 
the legislature provided that this land should be sold for 
the benefit of the schools. This grant of land was called 
the Saline Land Grant. On March 3, 1845, Congress 
further provided that five entire sections of land should 
be set aside for the purpose of completing the public build- 
ings of the state. This land was also later sold in accord- 
ance with an act of the legislature and the proceeds used 
to establish an Agricultural College and Farm. This 
grant was known as the Five Section Grant. In 1850, 
Congress passed an act giving to the state a large amount 
of land known as the Swamp Land Grant. In accord- 
ance with this act about 1,660,556 acres of lands have 
come into possession of the state and have been turned 
into the public school fund. On July 2, 1862, Congress 
passed another act by which the United States gave to 
each state in the Union a large tract of land for the 
establishment and maintenance of a College of Agriculture. 
The total amount of this land in Iowa was about 204,309 
acres. This became known as the Agricultural College 
Grant. Of all this land obtained by the state from the 
Federal Government, the greater part has already been 
sold and the money forms the permanent school fund of 
the state. Some land still remains unsold and is at 
present held by the state; it is rented out to reliable 
citizens and the rent paid into the school fund. 



COST OF EDUCATION 99 

Money Grants from the Federal Government. The 

Federal Government has on three different occasions 
made large money donations to Iowa for the further sup- 
port of education. The first was made in 1845, and was 
supplemental to an act admitting Iowa into the Union. 
It is known as the Five Percent Fund and amounted to 
about $580,475. The second grant of money was made 
on August 30, 1890, and is known as the Second Morril 
Act Fund. This act provided $15,000 annually to the 
State Agriculture College. Since 1900, the amount paid 
annually is $25,000. In 1887, Congress appropriated 
an annual sum of $15,000 to be used establishing and 
maintaining an experiment station in connection with the 
Agricultural College in each state. 

Appropriations made by the State Legislature. The 

legislature has made many appropriations for the three 
state institutions of Iowa. The earliest appropriation 
made by the legislature was on March 11, 1858, when a 
law was enacted appropriating $3000 for the purpose of 
repairing and fitting up the old capitol building at Iowa 
City. A few days later, on March 22, 1858, the first 
appropriation of money for the State Agricultural College 
was made by the legislature. The first appropriation 
for the State Teachers College was made on March 17, 
1876, when the sum of $14,000 was authorized for the 
fitting up of the institution at Cedar Falls. From these 
early dates up to the present time the state legislature 
has made regular biennial appropriations for the support 
of these three educational institutions. The sums appro- 
priated yearly at present are of course much larger than 
in the beginning of the institutions. 

Special Taxes Levied by the Legislature. In addition 
to the appropriations for the support of the three state 
institutions, the state legislature has at different times 



IOO HISTORY AND GOVERNMENT OF IOWA 

voted special taxes of a fractional part of a mill on each 
dollar of assessed valuation of taxable property of the 
state. Such tax was first voted for the University on 
March 17, 1896. It was to continue for four successive 
years, and the proceeds were to be used for building pur- 
poses. A similar tax was levied in 1900 for the Agricul- 
tural College and in 190c for the Teachers College. 

School Taxes Voted by Electors. The electors in each 
school district may vote sums in addition to what other 
sources of revenue yield as are found necessary. The 
Board of directors may estimate the additional sum neces- 
sary for the year, and also declare the amount necessary 
for a contingent fund. For the building of school-houses 
the law requires that the tax shall be voted by the electors 
at the annual meeting. The amounts determined upon 
by the directors, together with what is necessary for 
buildings, are certified by the county auditor to the Board 
of county supervisors, and they levy upon the respective 
districts the taxes voted in each. These taxes are collected 
along with the other taxes of the county. 

The amount of money that may be expended in any 
one year for the support of schools is limited by law. 
Not more than twenty dollars may be expended in any 
year from the teachers' fund for each person of school 
age. Not more than seven dollars for each person of 
school age may be expended from the contingent fund. 
The law does, however, authorize a levy of two hundred 
and seventy dollars for the teachers' fund and seventy-five 
dollars for the contingent fund, even if it exceeds twenty- 
seven dollars respectively per pupil for these funds. Tax 
for the school fund is limited to ten mills on the dollar 
for all taxable property within the corporation. If the 
amount voted by the school township is insufficient in 
any school district, that district may by a majority vote 



COST OF EDUCATION IOl 

of the electors at an annual or special election increase the 
rate, but not to exceed fifteen mills on the dollar. In 
levying this tax, the county supervisors must apply the 
levy to property within the district only. The electors of 
the district may authorize the directors to meet a still 
further need of money for building purposes, by borrow- 
ing money and issuing bonds of the corporation. For the 
payment of such borrowed money the assessment must 
not exceed five mills on the dollar levied on the property 
within the district. 

Other Sources of Support for Schools. The Constitu- 
tion of Iowa makes the following provision for additional 
support for the public schools. The money which may 
have been or shall be paid by persons as an equivalent 
from exemption from military duty, and the clear proceeds 
of all fines collected in the several counties for any breach 
of the penal laws, shall be exclusively applied, in the 
several counties in which such money is paid or fine 
collected, among the several school districts of said 
counties, to the support of common schools, or the estab- 
lishment of libraries, as the Board of education shall from 
time to time provide, and all estates of deceased persons, 
who may have died without leaving a will or heir, shall 
revert to the permanent school fund of the state. 

The Control and Management of School Funds. The 

General Assembly of the State of Iowa has control over 
the permanent school fund of the state and may enact 
laws for its care and distribution. We have already 
observed that this permanent school fund arises from 
three sources: the proceeds of the sales of the public 
lands which the state received from the Federal Govern- 
ment; the proceeds from the sales of escheats; fines and 
forfeitures which the state secures in the administration 



102 HISTORY AND GOVERNMENT OF IOWA 

of justice. The financial agents of the school fund are the 
same as by law receive and control the state and county 
revenue for other civil purposes. The state and county 
auditors are in charge of the permanent school fund and 
distribute the income for the maintenance of common 
schools to the district in proportion to the number of 
youths between the ages of five and twenty-one years. 
This basis is obtained by the secretary of the school 
Board in each district, who must each year make a list of 
names of all persons within these limits of age. The 
principal of the permanent fund is loaned out, through the 
state and county auditors, to reliable persons giving first 
mortgages on real estate. All these officers are heavily 
bonded and loans are made only on land securities, which 
leaves little chance for loss of funds. The legislature has 
further enacted that the state must make good any loss 
sustained by the permanent school fund. If any loss 
occurs the state is obliged to accept such as part of the 
state's indebtedness and must pay into the school fund 
each year such amount as equals the interest on the part 
lost. 

The permanent school fund is kept on interest under 
the management of the state and county auditors. The 
state auditor apportions the school fund to the several 
county auditors to be loaned out on interest. If the 
county auditor does not succeed in loaning out his portion, 
it is the duty of the state auditor to remove the money to 
some other county. The interest collected by the county 
auditors is sent to the state auditor, who apportions it 
among the county auditors according to law for the use 
of the schools. The amount of the permanent school 
fund of the state is over four million dollars. 

The treasurer of each school district receives the ap- 
portionment of the permanent fund allowed to his district 
from the county auditor. The treasurer must keep the 



COST OF EDUCATION I03 

money thus entrusted to him under separate accounts 
with three distinct funds: the school-house, the contin- 
gent, and the teachers' fund. The teachers' fund is the 
most constant and the largest. 



QUESTIONS 

1. From what different sources do the schools receive sup- 
port in Iowa? 

2. Name the different land grants made for the benefit of 
education in Iowa. 

3. How may a citizen borrow money from the school fund? 

4. What officers of the state and county handle the school 
fund? 

5. Is there any limit to the amount of money spent each 
year for the support of schools. 

6. Compare Iowa with surrounding states as to the annual 
amount of money expended for education. 

7. How are denominational schools and colleges supported ? 

8. Compare the amount spent annually for the three state 
educational institutions. 



CHAPTER XII. 

STATE GOVERNMENT 

The term "State," or "Commonwealth," as used in this 
chapter, may be defined as a political division of the 
United States, or as a body politic, a constituent member 
of the Union. The state has almost entire control of all 
the ordinary activities of the people living within its 
border. In very few respects do the citizens of our state 
come in contact with the powers or authority of the 
Federal Government. The authority exercised by our 
state government is so great as to control practically all 
our actions in our relations to each other. 

Constitution Defined. The highest law of the state is 
called the Constitution. It is sometimes defined as 
"the supreme law of the state." We must not, however, 
confuse the term "constitution" with the term "law" 
as it is ordinarily used, meaning an act passed by the 
legislature. The Constitution is a supreme plan of 
government and differs from an ordinary law in the follow- 
ing respects; a constitution is made by the whole people, 
through their delegates, sitting in a convention for that 
purpose, and is afterwards ratified or accepted by the 
people, while a law is made by the people's representatives 
and the people themselves have no direct voice in the 
matter; a constitution can only be revised or amended 
by a vote of the people given at a general election, while 
a law may be repealed or amended by the legislature it- 
self; a constitution is a general plan of government and 
states in general terms how the people may be governed, 

104 



JL 



STATE GOVERNMENT I05 

while a law relates to a specific subject and states in de- 
tail the rules governing certain actions; for example, the 
Constitution says, "No law shall be passed to restrain or 
abridge the liberty of speech or of the press," which is a 
general statement concerning these privileges of the 
people; but our legislature has enacted laws denning 
these terms and fixing the penalty for their violation or 
abuse. 

The Code of Iowa. The general assembly meets in 
regular session every two years and during each session 
passes many legislative acts or laws. Sometimes old laws 
are repealed as well as new ones enacted. When all the 
laws in force at any time are collected and printed in 
book form, such collection is called the code of Iowa. 
Thus the code consists of all the laws in force in the state 
at any given time and forms a convenient volume for the 
use of lawyers, judges, and other officials. This collec- 
tion of laws is so large that it is impracticable for any per- 
son to attempt to become familiar with all of them. It is 
sufficient for the student of civics to learn to use the code 
and to find any particular law to which his attention may 
be directed. 

The Constitution of Iowa. We have just learned that 
the constitution is the sovereign will of the people and that 
it represents more than the voice of the people expressed 
in legislation. The constitution lays down the funda- 
mental principles of government and restricts the law- 
makers and chief officials of the state, compelling them 
to act in accordance with the will of the people as ex- 
pressed in their fundamental document. 

We learned in Chapter IV. that the Constitution of 
Iowa was made in a convention of the people meeting at 
Iowa City, and that it was adopted by the people at an 
election held August 3, 1846. This Constitution served 



io6 



HISTORY AND GOVERNMENT OF IOWA 



the state without change until 1856, when the people voted 
to revise it, and another convention was called for that 
purpose in January, 1857. The present Constitution was 
made in that convention and was adopted by the people 
August 3, 1857. It has since been changed by amend- 
ment, but has not been further revised. The Constitution 
of Iowa may be analyzed and studied under the following 
articles and heads: 



Preamble. 
Boundaries. 
Article I. 
Article II. 
Article III. 
Article IV. 
Article V. 
Article VI. 
Article VII. 
Article VIII. 
Article IX. 
Article X. 
Article XI. 
Article XII. 



Bill of Rights. 

Right of Suffrage. 

Legislative Department. 

Executive Department. 

Judicial Department. 

Militia. 

State Debts. 

Corporations. 

Education and School Lands. 

Amendments to the Constitution. 

Miscellaneous. 

Schedule. 



PREAMBLE 

We, the People of the State of Iowa, grateful to the 
Supreme Being for the blessings hitherto enjoyed, and feel- 
ing our dependence on Him for a continuation of those 
blessings, do ordain and establish a free and independent 
government, by the name of the State of Iowa, the 
boundaries whereof shall be as follows: 



Boundaries. Beginning in the middle of the main channel 
of the Mississippi River, at a point due east of the middle of the 
mouth of the main channel of the Des Moines River; thence up 



STATE GOVERNMENT I07 

the middle of the main channel of the said Des Moines River, 
to a point on said river where the northern boundary line of the 
State of Missouri — as established by the Constitution of that 
state, adopted June 12, 1820 — crosses the said middle of the 
main channel of the said Des Moines River; thence westwardly 
along the said northern boundary line of the State of Missouri, as 
established at the time aforesaid, until an extension of said line 
intersects the middle of the main channel of the Missouri River; 
thence up the middle of the main channel of the said Missouri 
River to a point opposite the middle of the main channel of the 
Big Sioux River, according to Nicolett's map; thence up the 
main channel of the said Big Sioux River, according to the said 
map, until it is intersected by the parallel of forty-three degrees 
and thirty minutes north latitude; thence east along said parallel 
of forty- three degrees and thirty minutes, until said parallel 
intersects the middle of the main channel of the Mississippi 
River; thence down the middle of the main channel of the said 
Mississippi River to the place of beginning. 



QUESTIONS 

1. Which exercises the greatest powers over the individual 
citizen — the government of the state or that of the Nation ? 

2. Define the term, state Constitution. 

3. When was the last code of Iowa published ? 

4. What is the difference between the Constitution and a 
law? 

5. Commit the Preamble to the Constitution of Iowa. 

6. Bound Iowa according to the description given in the 
Constitution. 



CHAPTER XIII. 

THE CONSTITUTION OF IOWA 

(Continued) 

A Bill of Rights is a statement of the fundamental rights 
of the people. It enumerates such recognized rights and 
privileges as are generally understood to belong to the 
people under a republican form of government. They 
are rights conceded to belong to all people irrespective of 
class or condition, and are such as would be claimed by 
any free intelligent people. The Bill of Rights originated 
in the early English charters when the people formulated 
a statement of their fundamental rights and privileges 
and then forced the kings to recognize those rights. 
Magna Charta, in 121 5, was a charter of this kind, and the 
Bill of Rights agreed to by William and Mary in 1688 
doubtless contained the origin of the name. 

ARTICLE I. —BILL OF RIGHTS 

Rights of Persons. Section 1. All men are, by nature, 
free and equal, and have certain inalienable rights, among which 
are those of enjoying and defending life and liberty, acquiring, 
possessing, and protecting property, and pursuing and obtaining 
safety and happiness. 

Political Power. Sec. 2. All political power is inherent 
in the people. Government is instituted for the protection, 
security, and benefit of the people, and they have the right, at 
all times, to alter or reform the same whenever the public good 
may require it. 

Religion. Sec. 3. The general assembly shall make no 
108 



THE CONSTITUTION OF IOWA I09 

law respecting an establishment of religion, or prohibiting the 
free exercise thereof; nor shall any person be compelled to 
attend any place of worship, pay tithes, taxes, or other rates, 
for building or repairing places of worship, or the maintenance 
of any minister or ministry. 

Religious Test. Sec. 4. No religious test shall be required 
as a qualification for any office of public trust, and no person 
shall be deprived of any of his rights, privileges, or capacities, or 
disqualified from the performance of any of his public or private 
duties, or rendered incompetent to give evidence in any court 
of law or equity, in consequence of his opinions on the subject 
of religion; and any party to any judicial proceeding shall have 
the right to use as a witness, or take the testimony of, any other 
person, not disqualified on account of interest, who may be 
cognizant of any fact material to the case; and parties to suits 
may be witnesses, as provided by law. 

Dueling. Sec. 5. Any citizen of this state who may here- 
after be engaged, either directly or indirectly, in a duel, either 
as principal or accessory before the fact, shall forever be dis- 
qualified from holding any office under the Constitution and 
laws of this state. 

Laws Uniform. Sec. 6. All laws of a general nature shall 
have a uniform operation; the general assembly shall not grant 
to any citizen, or class of citizens, privileges or immunities, 
which upon the same terms shall not equally belong to all citi- 
zens. 

Liberty of Speech and the Press. Sec. 7. Every person 
may speak, write and publish his sentiments on all subjects, 
being responsible for the abuse of that right. No law shall be 
passed to restrain or abridge the liberty of speech, or of the 
press. In all prosecutions or indictments for libel, the truth 
may be given in evidence to the jury, and if it appear to the 
jury that the matter charged as libelous was true, and was pub- 
lished with good motives and for justifiable ends, the party 
shall be acquitted. 

Personal Security. Sec. 8. The right of the people to be 
secure in their persons, houses, papers, and effects, against un- 
reasonable seizures and searches, shall not be violated; and no 
warrant shall issue but on probable cause, supported by oath or 
affirmation, particularly describing the place to be searched, 
and the persons and things to be seized. 



IIO HISTORY AND GOVERNMENT OF IOWA 

Section i of the Bill of Rights is copied from the Declara- 
tion of Independence, and is not an exact statement of 
the intended meaning. The statement refers to the 
equality of men before the law or in respect to the in- 
fluence of government rather than to their equality as 
individuals. In every republican government the real 
political power must be inherent in the people, for the 
people make the government. The Constitution of the 
United States places no restrictions upon the state con- 
cerning the freedom of religious belief and worship and 
the state Constitution therefore protects the people in this 
freedom and forbids the legislature to enact laws restrict- 
ing one's religious beliefs or manner of worship. The 
punishment for dueling in Iowa has been greatly extended 
by legislative act. If one person kills another in a duel 
he may be charged with murder in the first degree and 
punished accordingly. The uniformity of law requires 
that laws must apply to all people under the same condi- 
tions in all parts of the state. A law would be void if it 
granted privileges to the people of one county of the state 
which were under the same conditions denied to those of 
another. A false statement intended to injure the repu- 
tation of another person, when uttered, is called slander, 
and when written is called libel. A person is by law sub- 
ject to punishment for either offense. An officer with a 
search warrant is permitted to search only for the thing 
specifically mentioned in the warrant, or for the person 
whose name is therein contained. 

Trial by Jury; Due Process of Law. Sec. g. The right 
of trial by jury shall remain inviolate; but the general assembly 
may authorize trial by a jury of a less number than twelve men 
in inferior courts; but no person shall be deprived of life, liberty, 
or property, without due process of law. 

Rights of Persons Accused. Sec. 10. In all criminal 
prosecutions, and in cases involving the life or liberty of an in- 
dividual, the accused shall have a right to a speedy and public 



THE CONSTITUTION OF IOWA III 

trial by an impartial jury; to be informed of the accusation 
against him; to have a copy of the same when demanded; to 
be confronted with the witnesses against him; to have com- 
pulsory process for his witnesses; and to have the assistance of 
counsel. 

When Indictment is Necessary. Sec. n. All offenses 
less than felony, and in which the punishment does not exceed 
a fine of one hundred dollars, or imprisonment for thirty days, 
shall be tried summarily before a justice of the peace, or other 
officer authorized by law, on information under oath, without 
indictment or the intervention of a grand jury, saving to the 
defendant the right of appeal; and no person shall be held to 
answer for any higher criminal offense, unless on presentment 
or indictment by a grand jury, except in cases arising in the 
army or navy, or in the militia, when in actual service, in time 
of war or public danger. 

The Federal Constitution guarantees to the individual 
the right of trial by jury in Federal courts, but that right 
does not extend to the courts of the states. Section 9 of 
our state Constitution guarantees the right of jury trial in 
the state courts. The regular trial jury in a district court 
consists of twelve men. A jury in a justice's court may 
consist of six men; a coroner's jury may consist of three 
men. Due process of law means according to law. In 
a criminal prosecution the accused person must be present 
and face the trial. If illness prevents his attendance at 
court, the trial must stop until he is again able to be pres- 
ent. Ordinary offenses tried in the district court were, 
previous to 1911, brought only through the action of a 
grand jury. In 191 1, the legislature provided that such 
indictment may be presented by the grand jury as formerly, 
or it may be presented through sworn information given 
by the county attorney. Public offenses are classified 
as: (1) felonies, (2) misdemeanors. Felony is such 
offense as may be punished by imprisonment in the 
penitentiary. Public offenses less severely punished are 
called misdemeanors. 



112 HISTORY AND GOVERNMENT OF IOWA 

Justice of the Peace. A justice of the peace may try 
all public offenses in which the punishment prescribed 
by law does not exceed a fine of $100 or thirty days' 
imprisonment in the county jail, or with the consent 
of both parties the sum in controversy may be $300. 
These cases may be tried without a jury unless demanded 
by the accused person. If a jury is demanded, six men 
are chosen by order of the justice, and these constitute 
a jury. If a person commits a more serious crime, such 
as felony, and is thereby liable to punishment by im- 
prisonment in the penitentiary, the justice has power 
to conduct a preliminary examination. If the evidence 
shows probable guilt, the justice may commit the 
prisoner to the county jail until the meeting of the 
grand jury. In most crimes the offender has the right 
of bail, the amount of which the justice may determine. 

Change of Venue. Either in an actual trial, or in a 
preliminary examination of a charge of felony, the ac- 
cused has the right to a change of venue. If he declares 
upon oath that he believes he cannot secure a fair trial 
before the present justice and states the reason why, he 
is given the right to a hearing before the next nearest 
justice in the same county. The change may also be 
from one county to another. Only one change of venue 
is allowed. Any person tried in a justice's court may, 
if dissatisfied with the judgment, have the case retried 
in the district court. 

Twice Tried; Bail. Sec. 12. No person shall, after ac- 
quittal, be tried for the same offense. All persons shall , before 
conviction, be bailable by sufficient sureties, except for capital 
offenses, where the proof is evident or the presumption great. 

Habeas Corpus. Sec. 13. The writ of habeas corpus shall 
not be suspended or refused when application is made as re- 
quired by law, unless in case of rebellion or invasion, the 
public safety may require it. 

Military. Sec. 14. The military shall be subordinate to 
the civil power. No standing army shall be kept up by the 



THE CONSTITUTION OF IOWA 113 

state in time of peace; and in time of war no appropriation for 
a standing army shall be for a longer time than two years. 

Quartering Soldiers. Sec. 15. No soldier shall, in time 
of peace, be quartered in any house without the consent of the 
owner, nor in time of war except in the manner prescribed by 
law. 

Treason. Sec. 16. Treason against the state shall consist 
only in levying war against it, adhering to its enemies, or giving 
them aid and comfort. No person shall be convicted of treason 
unless on the evidence of two witnesses to the same overt act, or 
confession in open court. 

Bail; Punishment. Sec. 17. Excessive bail shall not be 
required, excessive fines shall not be imposed, and cruel and 
unusual punishment shall not be inflicted. 

No person tried by regular judicial process and ac- 
quitted can be tried again for the same offense, no matter 
what errors the court may have committed. If an accused 
person is convicted he may under certain conditions be 
granted a new trial. A writ of habeas corpus is an order 
issued by a judge and directed to a jailer commanding 
the jailer to produce the prisoner in court and show why 
he should be imprisoned. Such writ may issue against 
anyone who retains another against the other's wishes. 
The civil authority is supreme in the state until the civil 
authority itself asks that the military authority supersede 
it. The militia in Iowa is seldom called into action ex- 
cept to quell strikes and riots. The Constitution of Iowa 
limits treason to two specific acts. One is levying war 
against the state, the other is giving aid to an enemy 
actually attacking the state. No one shall be convicted 
of treason unless upon the evidence of two persons who 
saw the act committed. If a judge requires bail to the 
amount of $1000 for the offense of stealing chickens, it 
would be considered excessive because that amount is out 
of proportion to the crime committed. If a convicted 
person were sent to jail as punishment for an offense 



114 HISTORY AND GOVERNMENT OF IOWA 

committed and the jailer were to beat him or mutilate his 
body, the punishment would be excessive and the jailer 
would be liable to arrest and punishment. 

Eminent Domain. Sec. 18. Private property shall not be 
taken for public use without just compensation first being made, 
or secured to be made, to the owner thereof, as soon as the 
damages shall be assessed by a jury, who shall not take into 
consideration any advantages that may result to said owner on 
account of the improvement for which it is taken. 

The general assembly, however, may pass laws permitting 
the owners of lands to construct drains, ditches, and levees for 
agricultural, sanitary or mining purposes, across the lands of 
others, and provide for the organization of drainage districts, 
vest the proper authorities with power to construct and main- 
tain levees, drains, and ditches, and to keep in repair all drains, 
ditches and levees heretofore constructed under the laws of the 
state, by special assessments upon the property benefited 
thereby. The general assembly may provide by law for the 
condemnation of such real estate as shall be necessary for the 
construction and maintenance of such drains, ditches and 
levees, and prescribe the method of making such condemnation. 

(By proper action of the legislature (31 G. A., joint resolution 
No. 1 and 32 G. A., joint resolution No. 2) the foregoing para- 
graph was submitted to vote of the electors at the general elec- 
tion of 1908, and was by them adopted.) 

Imprisonment for Debt. Sec. 19. No persons shall be 
imprisoned for debt in any civil action, or mesne or final 
process, unless in case of fraud; and no person shall be 
imprisoned for a military fine in time of peace. 

Petition. Sec. 20. The people have the right freely to 
assemble together to counsel for the common good; to make 
known their opinions to their representatives, and to petition for 
a redress of grievances. 

Attainder; Ex post facto Law; Obligation of Contract. 
Sec. 21. No bill of attainder, ex post facto law, or law impair- 
ing the obligation of contracts, shall ever be passed. 

Resident Aliens. Sec. 22. Foreigners who are, or may 
hereafter become residents of this state, shall enjoy the rame 
rights in respect to the possession, enjoyment, and descent of 
property, as native-born citizens. 



THE CONSTITUTION OF IOWA 115 

Slavery. Sec 23. There shall be no slavery in this 
state; nor shall there be involuntary servitude, unless for 
the punishment of crime. 

Reservation of Rents. Sec, 24. No lease or grant of 
agricultural lands, reserving any rent or service of any kind, 
shall be valid for a longer period than twenty years. 

Rights Retained. Sec. 25. This enumeration of rights 
shall not be construed to impair or deny others, retained 
by the people. 

Intoxicating Liquors. Sec. 26. (No person shall manu- 
facture for sale, or sell, or keep for sale, as a beverage any 
intoxicating liquors whatever, including ale, wine and beer. 
The general assembly shall by law prescribe regulations for 
the enforcement of the prohibition herein contained, and 
shall thereby provide suitable penalties for the violation of 
the provisions hereof.) 

(The foregoing amendment was adopted at a special elec- 
tion held on June 27, 1882. The supreme court, April 21, 
1883, in the case of Koehler and Lang vs. Hill, and reported 
in 60th Iowa, page 543, held that owing to certain irregu- 
larities the same was not legally submitted to the electors, 
and did not become a part of the Constitution.) 

The general assembly of 1915 passed an act repealing 
all laws of the state permitting the manufacture and sale 
of intoxicating liquors. The act is so worded as to put 
absolute prohibition into effect in Iowa after January, 1916. 

This same general assembly also passed an act proposing 
an amendment to the Constitution of Iowa prohibiting the 
manufacture or sale of intoxicating liquors. According to 
our Constitution such amendment must pass two regular 
sessions of the State Legislature and then be ratified by a 
majority of the qualified voters in the state. 

The difference between prohibition by an act of the legis- 
lature and prohibition by Constitutional amendment is that 
any future legislature may repeal prohibition by statute, 
but the legislature cannot change prohibition by amendment 
of the Constitution unless another amendment is submitted 
and ratified by the people. 

For the better enforcement of the prohibitory liquor law, 
the general assembly of 1915 enacted a law giving the 
Governor power to appoint not more than four special 
agents who shall aid in the capture, arrest, detention and 
prosecution of persons committing crime or violating the 



^ 



116 HISTORY AND GOVERNMENT OF IOWA 

laws of the state. These officers have the same powers for 
enforcing the law as do County attorneys, sheriffs, marshals, 
policemen, etc. 

The right of eminent domain is the right of the state to 
take private property for public purposes upon paying a 
just compensation to the owner. If the owner refuses 
the compensation offered by the state, a commission is 
appointed to appraise the value of the property. The 
owner still has the right of appeal to the district court. 
Freedom from imprisonment for debt does not shield the 
person who frauduently contracts debts. Every body or 
community of people has the right of petition to those above 
them in authority. Students have the right to petition 
the teacher or the faculty. A petition is only a request 
and has no force as a legal command. A bill of attainder 
is a legislative act declaring a man guilty of a criminal 
offense without trial or even in his absence. An ex post 
facto law is a legislative act which makes an act a crime 
that was not a crime at the time it was committed. Resi- 
dent aliens are foreigners who live within the state, but who 
have not become naturalized citizens. If a criminal is 
sentenced to jail or to the penitentiary, he may be compelled 
to work without being enslaved. The rapid changes in 
economic and social conditions make long time leases of land 
unjust. 

QUESTIONS 

1. Which of all the statements in the bill of rights do 
you consider the most important? 

2. What is meant by all the political power being vested 
in the people? 

3. Could Iowa establish a state religion if the people 
chose to amend the Constitution so providing? 

4. What were the conditions in the early colonies re- 
garding religious beliefs and worship? 

5. Define libel; slander. 

6. What laws have the general assembly enacted against 
dueling? 

7. Does the Federal Constitution guarantee the right 
of trial by jury in the state courts? 

8. May criminal prosecution and trial continue if the 
accused is too ill to appear in the court room? 

9. May a person be tried twice for the same offense? 



CHAPTER XIV. 

THE CONSTITUTION OF IOWA 

{Continued) 

ARTICLE II — RIGHT OF SUFFRAGE 

Electors. Section i. Every male citizen of the United 
States, of the age of twenty-one years, who shall have been a 
resident of this state six months next preceding the election, and 
of the county in which he claims his vote, sixty days, shall be 
entitled to vote at all elections which are now or hereafter may 
be authorized by law. 

Privileged prom Arrest. Sec. 2. Electors shall, in all 
cases except treason, felony, or breach of the peace, be privileged 
from arrest on the days of election, during their attendance 
at such elections, going to and returning therefrom. 

From Military Duty. Sec. 3. No elector shall be obliged 
to perform military duty on the day of election, except in time 
of war or public danger. 

Persons in Military Service. Sec. 4. No person in the 
military, naval, or marine service of the United States shall be 
considered a resident of this state by being stationed in any 
garrison, barrack, or military or naval place or station within 
this state. 

Insane. Sec. 5. No idiot or insane person, or person con- 
victed of any infamous crime, shall be entitled to the privileges 
of an elector. 

Ballot. Sec. 6. All elections by the people shall be by 
ballot. 

General Election. Sec. 7. The general election for state, 
district, county, and township officers shall be held on the 
Tuesday next after the first Monday in November.* 

*The foregoing Section was submitted to vote of the electors at the 
general election in 1884, and by them adopted. 

117 



118 HISTORY AND GOVERNMENT OF IOWA 

Section 1 states clearly the qualifications for voting in 
Iowa. It should be remembered that United States 
citizenship is necessary for voting in Iowa. Some states 
do not have this requirement. The legislature has been 
urged to pass an amendment to the Constitution granting 
female suffrage, and the sentiment favoring women voting 
seems to be growing in Iowa. At present women may 
vote on the issuance of bonds for school purposes and for 
local improvements, such as bonding cities for the build- 
ing of hospitals, etc. The term, breach of the peace, has 
a very broad meaning and the voter has but little liberty 
by Section 2. The chief value of the provision is to 
warrant against plots or false accusations to detain voters 
when on their way to the polls. Troops known as United 
States regulars, stationed within the state, are not privi- 
leged to vote, although possessing the ordinary qualifica- 
tions. A person sentenced to the penitentiary in Iowa 
loses his right to vote until such right is again restored 
to him by the governor. The Australian ballot system 
which consists of a printed ballot containing the names 
of the candidates for all parties, is used in Iowa. The 
voter enters a booth and in secret marks the ballot and 
folds it ready for the ballot box. 

The general assembly of 1913 enacted an amendment 
to the Constitution providing for woman suffrage in Iowa. 
The same proposed amendment passed the general assembly 
again in 1915. An act was also passed by the 1915 assembly 
providing for the submission of this amendment to the 
vote of the people at the Primary Election in June, 1916. 
If the amendment is then ratified by a majority of the quali- 
fied voters it will become a part of the Constitution and 
thereafter women in Iowa will vote on an equality with men. 

The Absent Voter's Law of 1915 enables a voter who is 
necessarily absent from home on election day, to vote in 
the place in which he happens to be if he has made applica- 
tion to the auditor or clerk of his home county or city, for 
a ballot and votes that ballot in the presence of the auditor 
or clerk in the county or city in which he is. The ballot is 
then sent to his home voting precinct on or before the day 



THE CONSTITUTION OF IOWA 119 

of election, where it is opened and counted the same as is 
a regular ballot. 

ARTICLE III— OF THE DISTRIBUTION OF POWERS 

Departments of Government. Section 1. The powers 
of the Government of Iowa shall be divided into three sepa- 
rate departments — the legislative, the executive, and the 
judicial — and no person charged with the exercise of powers 
properly belonging to one of these departments shall exercise 
any function appertaining to either of the others, except in 
cases hereinafter expressly directed or permitted. 

Every republican government recognizes the doctrine 
of the separation of powers. The theory is that govern- 
ment will be better administered and remain more nearly 
immediately responsible to the people if the authority is 
well distributed among three departments. These de- 
partments are known as the Executive, the Legislative, 
and the Judiciary. The legislative department is the 
law making branch of the government, and it not only 
enacts laws, but it provides ways and means for carrying 
them into effect. The executive branch of the govern- 
ment looks after the actual doing of things and executes 
or enforces the laws and regulations passed by the legisla- 
ture. Laws are not always well understood, sometimes 
they lack clearness when made, and often laws are not 
obeyed when understood. For that reason laws need to 
be interpreted, and offenses committed by people in 
violation of the law must be punished — therefore we 
have need of a third department — the judicial depart- 
ment, consisting of the courts. 

General Assembly. Section 1. The legislative author- 
ity of this state shall be vested in a general assembly, which 
shall consist of a senate and house of representatives; and 
the style of every law shall be, "Be it enacted by the General 
Assembly of the State of Iowa" 

Sessions. Sec. 2. The sessions of the general assembly 
shall be biennial, and shall commence on the second Monday 
in January next ensuing the election of its members, unless 



120 HISTORY AND GOVERNMENT OF IOWA 

the governor of the state shall, in the meantime, convene 
the general assembly by proclamation. 

The legislative department is, in some respects, the 
most important department of the government. In the 
United States it is called Congress; in the state it is the 
general assembly; in the county it is the board of su- 
pervisors; in the township it is the board of trustees; and 
in the town or city it is the council. The local Boards in 
counties, townships, and school corporations, and the 
councils in towns and cities are executive as well as legis- 
lative bodies. Much of the success of good government 
depends upon the wisdom of the law-makers and upon the 
general assembly of Iowa depends much of the success 
and progress of our people. The legislature must not 
only enact new laws as they are necessary, but it must 
change old ones as conditions necessitate, and repeal 
others as they are found unsatisfactory or inadequate. 
The bicameral form of legislature, that is, two branches, 
is now universal. The governor may call an extra session 
of the general assembly any time he thinks the best inter- 
ests of the state require. The regular biennial session 
generally lasts about ninety days. 

Representatives. Sec 3. The members of the house of 
representatives shall be chosen every second year, by the 
qualified electors of their respective districts, on the second 
Tuesday in October, except the years of the presidential 
election, when the election shall be on the Tuesday next 
after the first Monday in November, and their term of office 
shall commence on the first day of January next after their 
election, and continue two years, and until their successors 
are elected and qualified.* 

Eligibility. Sec. 4. No person shall be a member of 
the house of representatives who shall not have attained the 
age of twenty-one years, be a male citizen of the United 
States, and shall have been an inhabitant of this state one 
year next preceding his election, and at the time of his elec- 

^ * By the amendment (Sec. 7) inserted at the end of Art, II, the 
election occurs uniformly in November. 



THE CONSTITUTION OF IOWA 121 

tion shall have had an actual residence of sixty days in the 
county or district, he may have been chosen to represent.! 

Senators. Sec. 5. Senators shall be chosen for the term 
of four years, at the same time and place as representatives; 
they shall be twenty-five years of age, and possess the quali- 
fications of representatives as to residence and citizenship. 

Number and Classification. Sec. 6. The number of 
senators shall not be less than one third nor more than one 
half the representative body, and shall be so classified by lot 
that one class, being as nearly one half as possible, shall be 
elected every two years. When the number of senators is 
increased they shall be annexed by lot to one or the other of 
the two classes, so as to keep them as nearly equal in numbers 
as practicable. 

Elections Determined. Sec. 7. Each house shall 
choose its own officers, and judge of the qualifications, elec- 
tion, and return of its own members. A contested election 
shall be determined in such manner as shall be directed by 
law. 

Quorum. Sec. 8. A majority of each house shall con- 
stitute a quorum to transact business; but a smaller number 
may adjourn from day to day, and may compel the attend- 
ance of absent members in such manner and under such 
penalties as each house may provide. 

Senators and representatives are chosen at the general 
election in November, in even numbered years. Senators 
serve for four years and representatives for two years. 
Senators are divided into two classes, twenty-one being 
elected at one general election and twenty-nine at the next 
election. The purpose of a four year term for senators 
was doubtless to give greater stability to the legislature. 
The Constitution, by Article III, Section 35, fixed the 
number of representatives at 108. These are chosen 
from the 99 representative districts — each county con- 
stituting a district. The nine most populous counties 
have two representatives each. Senatorial districts con- 
sist of from one to four counties. Counties forming a 

fBy an amendment to the Constitution adopted by vote of the 
electors at the general election in 1880, the words "free white" were 
stricken from the third line of this Section. 



122 HISTORY AND GOVERNMENT OF IOWA 

district must be contiguous. The last redistricting was 
done in 1905. 

Authority or the Houses. Sec. 9. Each house shall sit 
upon its own adjournments, keep a journal of its proceedings 
and publish the same; determine its rules of proceedings, 
punish members for disorderly behavior, and with the consent 
of two-thirds expel a member, but not a second time for the 
same offense; and shall have all other powers necessary for 
a branch of the general assembly of a free and independent 
state. 

Protest. Sec. 10. Every member of the general as- 
sembly shall have the liberty to dissent from or protest 
against any act or resolution which he may think injurious 
to the public or an individual, and have the reasons for his 
dissent entered on the journals, and the yeas and nays of 
the members of either house, on any question, shall, at the 
desire of any two members present, be entered on the journals. 

Privilege. Sec. 11. Senators and representatives in all 
cases except treason, felon, or breach of the peace, shall be 
privileged from arrest during the session of the general as- 
sembly and in going to or returning from the same. 

Vacancies. Sec. 12. When vacancies occur in either 
house the governor, or the person exercising the functions of 
governor, shall issue writs of election to fill such vacancies. 

Doors Open. Sec. 13. The doors of each house shall be 
open, except on such occasions as, in the opinion of the house, 
may require secrecy. 

Adjournments. Sec. 14. Neither house shall, without 
the consent of the other, adjourn for more than three days, 
nor to any other place than that in which they may be sitting. 

Bills. Sec. 15. Bills may originate in either house, and 
may be amended, altered, or rejected by the other; and 
every bill having passed both houses, shall be signed by the 
speaker and president of their respective houses. 

Approval. Sec. 16. Every bill which shall have passed 
the general assembly, shall, before it becomes a law, be 
presented to the governor. If he approve, he shall sign it; 
but if not, he shall return it, with his objections, to the house 
in which it originated, which shall enter the same upon their 
journal, and proceed to reconsider it; if, after such recon- 
sideration, it again pass both houses, by yeas and nays, by a 
majority of two-thirds of the members of each house, it shall 



THE CONSTITUTION OF IOWA 123 

become a law, notwithstanding the governor's objections. 
If any bill shall not be returned within three days after it 
shall have been presented to him (Sunday excepted), the 
same shall be a law in like manner as if he had signed it, 
unless the general assembly, by adjournment, prevent such 
return. Any bill submitted to the governor for his approval 
during the last three days of a session of the general assembly, 
shall be deposited by him in the office of the secretary of 
state within thirty days after the adjournment, with his 
approval, if approved by him, and with his objections, if he 
disapproves thereof. 

Majority Vote. Sec. 17. No bill shall be passed unless 
by the assent of a majority of all the members elected to 
each branch of the general assembly, and the question upon 
the final passsage shall be taken immediately upon its last 
reading, and the yeas and nays entered on the journal. 

Receipts and Expenditures. Sec. 18. An accurate 
statement of the receipts and expenditures of the public 
money shall be attached to and published with the laws at 
every regular session of the general assembly. 

A Budget Law was enacted by the general assembly of 
1915, providing that all departments, or institutions of 
the state government receiving annual appropriations 
from the state treasury, must biennially submit to the 
governor finanjcial statements in detail of receipts and 
expenditures, and state reasons for increased appropria- 
tions. The governor must submit to the legislature 
along with his regular message, a bugdet based upon 
these reports. 

Impeachment. Sec. 19. The house of representatives 
shall have the sole power of impeachment, and all impeach- 
ments shall be tried by the senate. When sitting for that 
purpose, the senators shall be upon oath or affirmation; and 
no person shall be convicted without the concurrence of 
two-thirds of the members present. 

Who Liable to; Judgment. Sec. 20. The governor, 
judges of the supreme and district courts, and other state 
officers, shall be liable to impeachment for any misdeameanor 
or malfeasance in office; but judgment in such cases shall 
extend only to removal from office, and disqualification to 



124 HISTORY AND GOVERNMENT OF IOWA 

hold any office of honor, trust, or profit under this state; 
but the party convicted or acquitted shall nevertheless be 
liable to indictment, trial, and punishment according to law. 
All other civil officers shall be tried for misdemeanors and 
malfeasance in office, in such manner as the general assembly 
may provide. 

Members not Appointed to Office. Sec. 21. No senator 
or representative shall, during the time for which he shall 
have been elected, be appointed to any civil office of profit 
under this state, which shall have been created, or the emol- 
uments of which shall have been increased during such 
term, except such offices as may be filled by elections by 
the people. 

Disqualification. Sec. 22. No person holding any 
lucrative office under the United States, or this state, or any 
other power, shall be eligible to hold a seat in the general 
assembly. But offices in the militia, to which there is at- 
tached no annual salary, or the office of justice of the peace, 
or postmaster, whose compensation does not exceed one 
hundred dollars per annum, or notary public, shall not be 
deemed lucrative. 

Failure to Account. Sec. 23. No person who may 
hereafter be a collector or holder of public moneys, shall 
have a seat in either house of the general assembly, or be 
eligible to hold any office of trust or profit in this state, until 
he shall have accounted for and paid into the treasury all 
sums for which he may be liable. 

Money Drawn. Sec 24. No money shall be drawn from 
the treasury but in consequence of appropriations made by 
law. 

Compensation of Members. Sec. 25. Each member of 
the first general assembly under this Constitution shall receive 
three dollars per diem while in session, and the further sum of 
three dollars for every twenty miles traveled in going to and 
returning from the place where such session is held, by the 
nearest traveled route, after which they shall receive such 
compensation as shall be fixed by law; but no general assembly 
shall have the power to increase the compensation of its mem- 
bers. And when convened in extra session they shall receive 
the same mileage and per diem compensation as fixed by law 
for the regular session, and none other. 

When Laws Take Effect; Publication. Sec. 26. No 
law of the general assembly, passed at a regular session, of a 



THE CONSTITUTION OF IOWA 125 

public nature, shall take effect until the fourth day of July next 
after the passage thereof. Laws passed at a special session 
shall take effect ninety days after the adjournment of the 
general assembly by which they were passed. If the general 
assembly shall deem any law of immediate importance, they 
may provide that the same shall take effect by publication 
in newspapers in the state. 

Divorce. Sec. 27. No divorce shall be granted by the 
general assembly. 

Lotteries. Sec. 28. No lottery shall be authorized by 
this state; nor shall the sale of lottery tickets be allowed. 

Acts; One Subject; Expressed in Title. Sec. 29. 
Every act shall embrace but one subject, and matters properly 
connected therewith, which subject shall be expressed in the 
title. But if any subject shall be embraced in an act which 
shall not be expressed in the title, such act shall be void only as 
to so much thereof as shall not be expressed in the title. 

Local or Special Laws. Sec. 30. The general assembly 
shall not pass local or special laws in the following cases: 

For the assessment and collection of taxes for state, county, 
or road purposes: 

For laying out, opening, and working roads or highways; 

For changing the names of persons; 

For the incorporation of cities and towns; 

For vacating roads, town plats, streets, alleys, or public 
squares; 

For locating or changing county seats. 

The legislature of 1911 fixed the compensation of sena- 
tors and representatives at $1000 per session, with mileage 
at the rate of $3 for every twenty miles traveled in going 
to and returning from the seat of government. When an 
extra sessionis called the compensation is to beat the same 
rate per day as for the preceding regular session (but it 
must not exceed $6 per day) , with mileage as for regular 
sessions. The presiding officer of the state senate is 
the lieutenant-governor, and he is called the President 
of the Senate. He receives double the salary of a mem- 
ber. He has full power as a presiding officer, but does 
not vote except in case of tie. The senate chooses a 
president pro tempore, who presides in the absence of the 



126 HISTORY AND GOVERNMENT OF IOWA 

lieutenant-governor. The house of representatives 
chooses a presiding officer from among its members and 
he is called Speaker. He is elected by a party vote and 
has great influence over legislation because of his ex- 
tensive powers. He appoints all committees and places 
on committees such friends as he thinks will respect 
his wishes in matters of legislation. He votes on all 
questions except in case of tie. 

Both house and senate facilitate business by means of 
the committee system of legislation. In the house 
committees are appointed by the speaker and in the 
senate by the president. During the thirty-fourth 
general assembly the house had sixty-two standing 
committees and the senate had forty. The most import- 
ant committees are those on Ways and Means; Appro- 
priations; Judiciary; Railroads; Banks and Banking, 
etc. In addition to the above-named standing com- 
mittees, select committees are named as they are needed, 
and joint committees may be appointed from both 
houses. All bills are, as a rule, referred to committees 
before acted upon by either house. The report of the 
committee carries great influence with the members. A 
chairman of a committee may exercise great influence 
over legislation by his attitude towards a bill. He may 
kill the bill by refusing to call the committee together, 
unless the whole house calls for the bill. 

Vacancies in either house are filled by the governor is- 
suing a writ of election and directing it to the district in 
which the vacancy occurs. The people in that district 
then proceed to elect another member. 

Laws General and Uniform; Boundaries of Counties. 
In all the cases above enumerated, and in all other cases where 
a general law can be made applicable, all laws shall be general 
and of uniform operation throughout the state; and no law 
changing the boundary lines of any county shall have effect 
until, upon being submitted to the people of the counties 
affected by the change, at a general election, it shall be ap- 



THE CONSTITUTION OF IOWA 127 

proved by a majority of the votes in each county cast for and 
against it. 

Extra Compensation. Sec. 31. No extra compensation 
shall be made to any officer, public agent, or contractor, after 
the service shall have been rendered, or the contract entered 
into; nor shall any money be paid on any claim, the subject- 
matter of which shall not have been provided for by pre- 
existing laws, and no public money or property shall be ap- 
propriated for local or private purposes, unless such appro- 
priation, compensation, or claim be allowed by two-thirds of 
the members elected to each branch of the general assembly. 

Oath of Members. Sec. 32. Members of the general 
assembly shall, before they enter upon the duties of their re- 
spective offices, take and subscribe the following oath or affir- 
mation: "I do solemnly swear (or affirm, as the case may be) 
that I will support the Constitution of the United States, and 
the Constitution of the State of Iowa, and that I will faithfully 
discharge the duties of senator (or representative, as the case 
may be) according to the best of my ability." And members 
of the general assembly are hereby empowered to administer 
to each other the said oath or affirmation. 

Census. Sec. 33. The general assembly shall, in the years 
one thousand eight hundred and fifty-nine, one thousand eight 
hundred and sixty-three, one thousand eight hundred and 
sixty-five, one thousand eight hundred and sixty-seven, one 
thousand eight hundred and sixty-nine, and one thousand 
eight hundred and seventy-five and every ten years there- 
after, cause an enumeration to be made of all the inhabitants 
of the state. 

Number and Apportionment op Senators. Sec. 34. 
The senate shall be composed of fifty members to be elected 
from the several senatorial districts established by law, and at 
the next session of the general assembly held following the tak- 
ing of the state and national census they shall be apportioned 
among the several counties or districts of the state, according 
to population as shown by the last preceding census. 

Representative Districts. Sec. 35. The house of 
representatives shall consist of not more than one hundred 
and eight members. The ratio of representation shall be 
determined by dividing the whole number of the population of 
the state as shown by the last preceding state or national cen- 
sus by the whole number of counties then existing or organ- 
ized, but each county shall constitute one representative 



128 HISTORY AND GOVERNMENT OF IOWA 

district and be entitled to one representative; but each county 
having a population in excess of the ratio number, as herein 
provided, of three-fifths or more of such ratio number, shall 
be entitled to one additional representative, but said addition 
shall extend only to the nine counties having the greatest 
population.* 

Ratio of Representation. Sec. 36. The general as- 
sembly shall, at the first regular session held following the 
adoption of this amendment, and at each succeeding regular 
session held next after the taking of such census, fix the ratio 
of representation and apportion the additional representatives 
as herein before required. 

Districts. Sec. 37. When a congressional, senatorial, or 
representative district shall be composed of two or more coun- 
ties, it shall not be entirely separated by any county belonging 
to another district ; and no county shall be divided in forming 
a congressional, senatorial, or representative district. 

Elections by General Assembly. Sec. 38. In all elec- 
tions by the general assembly the members thereof shall vote 
viva voce; and the votes shall be entered on the journal. 

QUESTIONS 

1. Do all states make citizenship in the United States a 
necessary qualification for voting in the state? 

2. To what extent may women vote in Iowa? 

3. What is the enacting clause to legislation in Iowa? 

4. Why is the legislature one of the most important de- 
partments in the government? 

5. State the qualifications for membership in each house 
of the legislature. 

6. How many members in either house are necessary to 
record the yeas and nays on the journal? 

7. Describe the process of impeachment. (See Statutes 
of Iowa.) 

8. Define a bill; a law; a joint resolution. 

9. What is the present compensation of members of the 
state legislature? 

10. What is meant by the committee system of legislation? 

11. How often and when is the state census taken? The 
United States census? 

* Sections 34, 35, and 36 were submitted to the voters at the general 
election held in November, 1904, and adopted as amendments. 



CHAPTER XV. 

THE CONSTITUTION OF IOWA 

{Continued) 

Executive Department 

Importance of the Executive Department. The execu- 
tive department is generally conceived of as the most 
important department of the government. We get this 
impression because it is the department most seen. The 
greater number of officials of the state belong to the 
executive department. This is easily understood when we 
begin to enumerate those actually found in the state, the 
county, the cities and towns, and in the school corpora- 
tions. In the total they number many thousands. 

The actual importance of the executive work in the 
state government is frequently exaggerated. So much 
of the work of the government is actually carried on by 
the officials of the local units, such as counties, cities and 
towns, and townships, that the general executive duties of 
the governor and state officials are not so great. The 
chief duty of the governor is to see that all the laws of the 
state are faithfully executed, and however important may 
be his influence over legislation, his chief duty is to see 
that laws are enforced rather than to help make them. 

ARTICLE IV.— EXECUTIVE DEPARTMENT 

Governor. Section i. The supreme executive power of 
this state shall be vested in a chief magistrate, who shall be 
styled the Governor of the State of Iowa. 

129 



130 HISTORY AND GOVERNMENT OF IOWA 

Election and Term. Sec. 2. The governor shall be 
elected by the qualified electors at the time and place of voting 
for members of the general assembly, and shall hold his office 
two years from the time of his installation, and until his suc- 
cessor is elected and qualified. 

Lieutenant-Governor; Returns of Elections. Sec. 3. 
There shall be a lieutenant-governor, who shall hold his office 
two years, and be elected at the same time as the governor. In 
voting for governor and lieutenant-governor, the electors shall 
designate for whom they vote as governor, and for whom 
lieutenant-governor. The returns of every election for gov- 
ernor and lieutenant-governor, shall be sealed up and trans- 
mitted to the seat of government of the state, directed to the 
speaker of the house of representatives, who shall open and 
publish them in the presence of both houses of the general 
assembly. 

Election by General Assembly. Sec. 4. The persons 
respectively having the highest number of votes for governor 
and lieutenant-governor shall be declared duly elected; but 
in case two or more persons shall have an equal, and the highest, 
number of votes for either office, the general assembly shall, 
by joint vote, forthwith proceed to elect one of said persons 
governor, or lieutenant governor, as the case may be. 

Contested Elections. Sec. 5. Contested elections for 
governor or lieutenant-governor shall be determined by the 
general assembly in such manner as may be prescribed by 
law. 

Eligibility. Sec. 6. No person shall be eligible to the 
office of governor or lieutenant-governor who shall not have 
been a citizen of the United States, and a resident of the state 
two years next preceding the election, and attained the age of 
thirty years at the time of said election. 

Commander-in-Chief. Sec. 7. The governor shall be 
commander-in-chief of the militia, the army, and navy of this 
state. 

Duties. Sec. 8. He shall transact all executive business 
with the officers of government, civil and military, and may re- 
quire information in writing from the officers of the executive 
department upon any subject relating to the duties of their 
respective offices. 

Execution of Laws. Sec. 9. He shall take care that the 
laws are faithfully executed. 



THE CONSTITUTION OF IOWA I31 

Vacancies. Sec. ic. When any office shall, from any 
cause, become vacant, and no mode is provided by the Constitu- 
tion and laws for filling such vacancy, the governor shall have 
power to fill such vacancy by granting a commission, which 
shall expire at the end of the next session of the general assem- 
bly or at the next election by the people. 

Convening Assembly. Sec. 11. He may, on extraordi- 
nary occasions, convene the general assembly by proclamation, 
and shall state to both houses, when assembled, the purpose for 
which they shall have been convened. 

Message. Sec. 12. He shall communicate, by message, 
to the general assembly, at every regular session, the condition 
of the state, and recommend such matters as he shall deem 
expedient. 

Adjournment. Sec. 13. In case of disagreement between 
the two houses with respect to the time of adjournment, the 
governor shall have the power to adjourn the general assembly 
to such time as he may think proper; but no such adjournment 
shall be beyond the time fixed for the regular meeting of the 
next general assembly. 

Disqualification. Sec. 14. No person shall, while hold- 
ing any office under the authority of the United States, or this 
state, execute the office of governor, or lieutenant-governor, ex- 
cept as hereinafter expressly provided. 

Term; Compensation of Lieutenant-Governor. Sec. 
15. The official term of governor and lieutenant-governor shall 
commence on the second Monday of January next after their 
election and continue for two years, and until their successors 
are elected and qualified. The lieutenant-governor, while act- 
ing as governor, shall receive the same pay as provided for 
governor; and while presiding in the senate shall receive as 
compensation therefor the same mileage and double the per 
diem pay provided for a senator, and none other. 

Pardons. Sec. 16. The governor shall have power to 
grant reprieves, commutations, and pardons, after conviction, 
for all offenses except treason and cases of impeachment, sub- 
ject to such regulations as may be provided by law. Upon 
conviction for treason he shall have power to suspend the exe- 
cution of the sentence until the case shall be reported to the 
general assembly at its next meeting, when the general assembly 
shall either grant a pardon, commute the sentence, direct the 
execution of the sentence, or grant a further reprieve. He 



I32 HISTORY AND GOVERNMENT OF IOWA 

shall have power to remit fines and forfeitures, under such 
regulations as may be prescribed by law; and shall report to the 
general assembly, at its next meeting, each case of reprieve, 
commutation, or pardon granted, and the reasons therefore, 
and also all persons in whose favor remission of fines and for- 
feitures shall have been made, and the several amounts re- 
quired. 

Lieutenant-Governor to Act as Governor. Sec. 17. 
In case of the death, impeachment, resignation, removal from 
office, or other disability of the governor, the powers and duties 
of the office for the residue of the term, or until he shall be ac- 
quitted, or the disability removed, shall devolve upon the 
lieutenant-governor. 

President of Senate. Sec. 18. The lieutenant-governor 
shall be president of the senate, but shall only vote when the 
senate is equally divided; and in case of his absence, or im- 
peachment, or when he shall exercise the office of governor, 
the senate shall choose a president pro tempore. 

Vacancies. Sec. 19. If the lieutenant-governor, while 
acting as governor, shall be impeached, displaced, resign, or 
die, or otherwise become incapable of performing the duties 
of the office, the president pro tempore of the senate shall act 
as governor until the vacancy is filled or the disability removed; 
and if the president of the senate, for any of the above causes, 
shall be rendered incapable of performing the duties pertaining 
to the office of governor, the same shall devolve upon the speaker 
of the house of representatives. 

Seal of State. Sec. 20. There shall be a seal of this 
state, which shall be kept by the governor, and used by him 
officially, and shall be called the Great Seal of the State of 
Iowa. 

Grants and Commissions. Sec. 21. All grants and com- 
missions shall be in the name and by the authority of the people 
of the state of Iowa, sealed with the great seal of the state, 
signed by the governor, and countersigned by the secretary of 
state. 

Secretary, Auditor, and Treasurer. Sec. 22. A secre- 
tary of state, auditor of state, and treasurer of state shall be 
elected by the qualified electors, who shall continue in office 
two years, and until their successors are elected and qualified, 
and perform such duties as may be required by law. 



THE CONSTITUTION OF IOWA I33 

The Governor. The governor, lieutenant-governor and 
all other elective state officers are chosen at the general 
election held in November in even numbered years. The 
election returns for governor and for lieutenant-governor 
are transmitted to the speaker of the house of representa- 
tives, who in the presence of both houses of the general as- 
sembly, opens the returns and announces the result. As 
the general assembly is not generally in session at election 
time, the returns for governor and lieutenant-governor are 
sent to the executive council and retained by the secretary 
of state, until the assembly meets and elects a speaker. 
The governor must take the oath of office administered by 
a justice of the supreme court within ten days after having 
been declared elected by the general assembly. He then 
holds his office until his successor is elected and qualified. 

Law of Succession. The Constitution of Iowa provides 
that the order of succession to the office of governor in case 
of death, resignation or inability to serve, shall be as fol- 
lows; the governor; the lieutenant-governor; the presi- 
dent pro tern of the senate; the speaker of the House. 
Therefore in theory the office of the chief executive of the 
state is never vacant as each succeeds in his turn. If the 
governor resigns he sends his resignation to the general 
assembly, if that body is in session; if not, he deposits it 
with the secretary of state. 

Duties and Powers of the Governor. The duties and 
powers of the governor are determined both by the Con- 
stitution and by the legislature. He is entrusted with the 
faithful execution of the laws; he advises the general 
assembly of the condition of the state and recommends 
needed legislation; he approves or vetoes acts of the legis- 
lature; he appoints all officers or members of official 
boards not otherwise provided for, or so designated by 
the legislature; his power to appoint generally carries with 



134 HISTORY AND GOVERNMENT OF IOWA 

It the power to remove for cause; he keeps the Great Seal 
of the state and signs all commissions and seals them with 
the Seal after being countersigned by the secretary of state; 
he is commander-in-chief of the state militia; he may 
make and publish regulations and orders for the govern- 
ment, discipline, and uniforming of the Iowa National 
Guard ; he may convene, adjourn and dissolve the general 
assembly; he may issue writs for the election of senators 
and representatives of the state, and for representatives of 
the United States, in case of vacancies in those offices; he 
may grant reprieves, commutations and pardons after 
conviction for all offenses except in cases of treason and 
impeachment; he may issue requisition papers on the 
governors of other states, requesting the arrest and return 
of escaping criminals. 

Compensation of Governor. The governor receives a 
yearly salary of $5000 per year. He also receives $600 
per year for house rent, and he receives $1200 per year for 
his services as a member of the executive council. The 
salary of the governor is not fixed by the Constitution, but 
is left to be determined by the state legislature. 

The Secretary of State. This officer is at the head of 
the department of state and has an office at the capitol at 
Des Moines. He keeps a careful record of all the acts 
and resolutions of the territorial legislature and of the 
general assembly of the state. It is his duty to see that the 
acts of the general assembly are published and distributed 
each biennial period. He countersigns all commissions 
and proclamations issued by the governor and keeps a 
record of the same. He also keeps the original laws of 
the state and the original copy of the constitution. Certi- 
ficates for the nomination of state officers are filed in his 
office. He also keeps a record of the organization of 
towns and cities of the state and the population of each* 



THE CONSTITUTION OF IOWA 135 

He has records showing the lands owned by the state. He 
compiles and distributes the Official Register of Iowa, and 
gives out other public documents provided for distribution. 
His term of office is two years and his salary is $2200 
annually as secretary and $1200 additional as a member 
of the executive council. 

The State Treasurer. The treasurer of the state receives 
the revenues of the state and distributes them according 
to laws passed by the legislature. Whenever money is 
received by the treasurer a duplicate receipt is given to 
the auditor and the books of the two offices must always 
correspond as regards the amount received and paid out. 
The treasurer pays out money only as he receives a war- 
rant signed by the auditor. The auditor in turn can only 
issue warrants in accordance with law. With the advice 
and approval of the executive council the treasurer may 
select one or more banks in the city of Des Moines in 
which he may deposit drafts, checks and certificates for 
collection. If money remains in such banks for any length 
of time the bank must pay such rate of interest as may be 
approved of by the executive council. The state treasurer 
often has the care of as much as six million dollars during 
a biennial period. His bond is the highest required of any 
state official. His salary as treasurer is $2200, with $1200 
as a member of the executive council. 

The Auditor of State. The work of the auditor is to 
keep an account of all revenues, funds, and incomes of the 
state, and of all disbursements. His work for the state 
corresponds to the work of the county auditor for the 
county. He is a business manager, or secretary of the 
business affairs of the state. He examines all accounts 
against the state and if accepted he draws warrants on the 
state treasurer for their payment. He can draw no war- 
rant except in strict accordance with law. Every dollar 



I36 HISTORY AND GOVERNMENT OF IOWA 

paid out of the treasury must be in pursuance of some 
statute. He must submit a biennial report to the governor 
of all revenues, funds, income, taxable property, and other 
resources of the state. The permanent school fund of the 
state is kept on interest under the management of the state 
and county auditors. If any county auditor fails to loan 
out the full amount of his apportionment, he returns it to 
the state auditor, who sends it to another county. The 
state auditor also apportions the interest on the school fund 
to the several counties as directed by law. He also has 
general supervision over insurance, banking, municipal 
accounting, loan and trust companies, and building and 
loan associations. He receives $2200 per year with $1200 
extra for his services as member of the executive council. 

The Executive Council. The executive council of the 
state is composed of the governor, secretary, auditor and 
treasurer, or any three of them. This council is not an 
advisory body to the governor, but is rather an executive 
body to which the legislature has delegated certain powers. 
The chief duties of the council are the equalization of 
assessments, the canvassing of election returns, the su- 
perintendence of the census, the care of state property 
when no other provision is made, and the providing for the 
necessary running expenses of officers or departments, 
from a fund left for that purpose, when the laws do not 
otherwise provide. This often enables emergencies arising 
in the administration of affairs to be met without an extra 
session of the legislature. Many new duties have re- 
cently been given to the council, including the appointment 
and removal of many minor state officials. It appoints 
the Board of examiners for state mine inspectors. It may 
remove from office for causes denned by statute the follow- 
officers: curator of the state historical society; members 
of the Board of educational examiners; director of weather 



THE CONSTITUTION OF IOWA 137 

and crop service; fish and game warden; the com- 
missioners of pharmacy; Board of dental examiners; 
members of the Board of parole; dairy commissioners; 
custodians of public buildings; state veterinary surgeon; 
oil inspectors ; commissioners of animal health ; inspectors 
of boats ; Board of optometry examiners ; members of the 
library commission. The salaries of members are fixed at 
$1200 per year. 

The Attorney General. The chief duties of the attorney- 
general are to furnish legal advice to all state officers when 
requesting such advice, and to prosecute all cases in civil 
and criminal actions in which the state may be a party. 
As all criminal offenses are crimes against the state he must 
take charge of such cases when appealed from the lower 
courts to the supreme court of the state. He may begin 
action in the district courts when enforcing laws for the 
removal of county or city officers. In all civil cases in 
which the state is a party he must represent the state. 
Members of the general assembly as well as state officers 
may ask his legal opinion on matters pertaining to legis- 
lation. He serves for two years and receives a salary of 
$4000 per year. 

Superintendent of Public Instruction. The duties of the 
state superintendent have been slightly diminished by 
recent laws creating the State Board of Education and the 
Board of examiners. He has general supervision over 
county superintendents and the common schools of the 
state. He may call meetings of county superintendents 
for the more uniform and efficient administration of school 
law, but he has no authority to compel attendance. When 
called upon he may determine the time of holding county 
institutes for teachers and assist in their management and 
instruction. As a member of the Board of educational 
examiners he may pass upon the qualifications of teachers. 



I38 HISTORY AND GOVERNMENT OF IOWA 

He has the collection and publication of a large amount of 
statistics and other information about the public schools. 
He receives an annual salary of $4000. 



QUESTIONS 

1. Which is of the more immediate importance to the 
people — the local government or the state government ? 

2. What are the qualifications for the governor of Iowa? 

3. What power has the governor as a peace officer of the 
state ? 

4. When may the president of the senate vote? When 
the speaker of the house? 

5. State the law of succession to the office of governor. 

6. Mention the duties of the secretary of state. 

7. From whence comes the school fund cared for by the 
auditor ? 

8. Who constitute the executive council ? What are their 
duties? 

9. What are the duties of the attorney-general ? 

10. What authority has the state superintendent over rural 
schools? 






CHAPTER XVI. 

THE CONSTITUTION OF IOWA 

{Continued) 

The Executive Department 

Railroad Commissioners. This Board consists of three 
members who are elected by the people and serve for 
four years and receive a salary of $2200 each, per year, 
and necessary traveling expenses. They have general 
supervision over all railroads and express companies 
within the state. It is their duty to enforce laws govern- 
ing the hauling of freight, that short hauls must be at 
same rate per mile as long hauls; to prevent pooling; to 
require the schedule of prices and rates to be posted in 
a conspicuous place in every station and to enforce pas- 
senger rates determined by the legislature. They may 
also require railroads to furnish such equipment as is 
provided by law for the protection of public health and 
safety. 

The Board may with the approval of the Senate, ap- 
point a commerce counsel from among the attorneys of 
the state, whose duty it is to prosecute cases of violation 
of law by the railroads. He holds office for four years 
and receives $5000 annually. 

The Board of Control. The Board of control was 
created by an act of the legislature of 1898. This Board 
has control over all charitable, reformatory, and penal 
institutions of the state. The Board consists of three 
members appointed by the governor and confirmed by 
the Senate. The tenure of office is six years and one 
member goes out of office every two years. The mem- 
ber whose term first expires is chairman for the last two 
years of his term. Each member receives an annual 

salary of $3000 and traveling expenses. 

139 



140 HISTORY AND GOVERNMENT OF IOWA 

This Board has full and entire control of all institutions 
placed under its charge, subject only to the will of the 
legislature. They employ superintendents and other 
officers and determine their duties. They regulate the 
discipline within the institutions and determine the rules 
governing the conduct of inmates except as the legislature 
may direct by statute. The chief object of the Board's 
creation was to establish uniformity in the control of the 
different institutions and to reduce expenses to the state 
by purchasing supplies in large quantities and at whole- 
sale rates. At present the Board controls the following 
institutions: 

The State Sanatorium for Tuberculosis, Oakdale (near 

Iowa City). 
The School for the Deaf at Council Bluffs. 
The Iowa Soldiers' Home at Marshalltown. 
The Iowa Soldiers' Orphans' Home at Davenport. 
The Institution for Feeble-Minded Children at Glenwood. 
The Industrial School for Boys at Eldora. 
The Industrial School for Girls at Mitchellville. 
The State Hospital for Inebriates at Knoxville. 
The State Hospital for Female Inebriates at Mt. Pleasant. 
The State Hospital for the Insane at Mt. Pleasant. 
The State Hospital for the Insane at Independence. 
The State Hospital for the Insane at Clarinda. 
The State Hospital for the Insane at Cherokee. 
The Penitentiary at Fort Madison. 
The Reformatory at Anamosa. 
The Industrial Reformatory for Females at Anamosa. 

The general assembly of 1913 provided for the establish- 
ment of an asylum for epileptics which has been located at 
Woodward, in Dallas County. 

The general assembly of 1915 provided for the abolition 
of the reformatory for women at Anamosa, and the establish- 
ment of such institution elsewhere — the location to be 
determined by the state Board of control. 

The State Board of Education. The legislature of 
1909 passed an act creating this Board. The demand 



THE CONSTITUTION OF IOWA 141 

for greater uniformity in the administration of higher 
education in the state had much to do with the passage 
of this act. The Board consists of nine members ap- 
pointed by the governor and confirmed by a two-thirds 
vote of the Senate, and removable from office by the 
governor with the consent of the Senate. They serve 
for a term of six years and one-third are appointed to 
office every two years. Not more than five members 
may belong to any one political party and not more than 
one alumnus from either institution may belong to the 
Board at one time. 

The Board has complete control over the educational 
institutions of the state, including the State University at 
Iowa City, the State College of Agriculture at Ames, the 
State Teachers College at Cedar Falls, and the College 
for the Blind at Vinton. Subject to the will of the legis- 
lature the Board controls these institutions in the minutest 
details. The Board fills all positions, administrative, 
academic and clerical; fixes compensations; makes rules 
and regulations for their government, and controls the 
property belonging to them. Much of the real control 
of each institution is given by the Board to the adminis- 
trative head and to the faculty. 

The Board is assisted in financial affairs and in the 
details of the work by a finance committee of three mem- 
bers, chosen by the Board from outside their own numbers. 
The members of the committee devote their entire time 
to the work assigned to them by the Board and receive 
a yearly salary of $3500 and traveling expenses. The 
members of the Board are paid $7 per day for the actual 
number of days spent in service, not to exceed sixty days 
per year. 

The Board of Educational Examiners. This Board 
consists of five members, three of whom are ex officio 



142 HISTORY AND GOVERNMENT OF IOWA 

members by virtue of being the Superintendent of Public 
Instruction, the President of the State University, and 
the President of the State Teachers College. The other 
two, one of whom must be a woman, are appointed by the 
governor for a period of four years. The duties of the 
Board are: to inspect and approve of institutions desiring 
official recognition for the preparation of teachers; to hold 
examinations for state diplomas and state certificates; 
to issue state diplomas and state certificates and uniform 
county certificates. The ex officio members receive only 
actual expenses, while the two appointed members receive 
$3 per day and necessary expenses. 

Board of Parole. The Board consists of three members 
appointed by the governor and confirmed by the Senate. 
The term of office is six years, one member being appointed 
every two years. It is the duty of the Board of parole 
to make rules and regulations governing the paroling of 
prisoners sentenced to the penitentiaries for less than life 
sentences. The Board itself has no power to pardon or 
parole as that power is given by the Constitution to the 
governor, but the duty of the Board is to assist the gov- 
ernor in investigating applications. After such investiga- 
tion has been made, the Board may recommend such appli- 
cation to the governor, who may then at his discretion 
exercise his power of pardon or of parole. The Board 
holds at least four sessions each year and each member 
receives $10 per day as compensation. 

Board of Health. The attorney-general and the state 
veterinary surgeon are members ex officio of the Board, 
together with a civil engineer and seven physicians, who 
are appointed by the governor and approved by the 
executive council. The term of service is seven years and 
no compensation, except necessary traveling expenses, is 
paid. The Board may hire a secretary, who may receive 



THE CONSTITUTION OF IOWA 143 

as much as $3000 per year as compensation. The duties 
of the Board relate almost entirely to the preservation of 
the public health. They are frequently called to investi- 
gate contagious diseases and determine their causes, and 
to examine the water supply of towns and cities. They 
may license undertakers and dispose of unclaimed bodies. 

The State Board of Audit was created in 1915, and 
consists of the auditor of state, the attorney-general, 
and secretary of the executive council. This board will 
audit all claims and must certify the same before war- 
rants are drawn. The power formerly held by the 
executive council — and other boards, to certify claims 
— is now given to this Board. 

A Board of Accountancy was also provided for in 1915. 
This Board consists of three persons appointed by the 
governor for a term of three years. The Board is 
authorized to hold examinations and to award to suc- 
cessful candidates the title of certified public accountant. 



QUESTIONS 

1 . What are the duties of the railroad commissioners? 

2. In what respect has the state Board of control been a 
great saving to the state? 

3. Name and locate the different state institutions under 
the charge of the state Board of control. 

4. What are the duties of the state Board of education? 

5. What are the duties of the state Board of educational 
examiners? 

6. To whom does the Constitution give the power to 
pardon offenses against the state? 

7. What are the duties of the Board of parole? 

8. Who constitutes the state Board of health? 

9. Name the most important administrative Boards in 
Iowa and state their duties. 



CO 

W 
U 
t— i 

o 

Q 
< 

CO 

Q 
P-1 
< 
O 
« 

> 

H 

<: 

H 

CO 

5 

t— I 

Q 
< 

W 

w 

H 
O 



w 

H 
D 
Q 

Q 

§ 

Cfl 

os 1 
W 

o 

Oh 


Has charge of the State Histori- 
cal Society and care of its collec- 
tions. Prepares publications. 


CO 

B 
03 

O 

a| 

Dh > 

<*£ 

CO — 

a £ 

•U B 
o3^=> 

CO « 

<u .2 

•Sti 
a 2 

y 2 


Examines and grants certificates 
to those qualified to act as mine 
inspectors. 


co 

a 

03 

Jh 

•2 

CO 

B 
«S 

o . 
;b >h 
d- «3 

CO -S 

3 § 

W3 


Ejects a Stale Librarian, and se- 
lects curators for the Historical 
Department of State Library. 
Has charge of State Library. 


Examines and licenses practicing 
physicians in medicine or osteo- 
pathy. 


CO 

& 

CO 

g b 

^3 <u 
^ S 

II 


o 

en 
c<3 

B 

I J 

U 

.5 cu 

O T3 
> B 
co * 
£& 

ag 
^§ 

W 03 


M 

< 

< 
05 


5 


>> 

4 

U 

0) 
Dh 

to 


i 

D- 

to 


o3 
TJ 

Ih 
CU 

Dh 
to 


J3 

CO 

O 


03 

M 

hi 

00 


03 

^H 

CU 

Dh 

to 


b'S 

a > 

<+H * 


Oh 

w 

H 


CO 
01 


CO 
Pi 

to 


8 


e 

CM 


.B 

1" 
11 




£. 


»o 


W 
to 

o 
a 
o 

j£ 

O 

H 


-° b >? 

xj'b.sI 

a^ s 

5>°Zh 

o3 jh -O 
„, C <" 

c £3 

£ O Jh 

^h bo cu 


CD 

<U >H 

.s| 

as 

< bo 


"u 

B 

3 

>^ o 

^U 

T3 cu 
£ > 

Qh cu 

Dh * 


>, O D- cu 

2 o _^ a 
< g'fco 


r*^ ' ' cu 

fe c fl b 

SdIo^ 
O o b ^H. 


CU 

S.B 

co2 

<HH 03 

°^ 
CO H-t 

S-« 

«3 o 

CO >H 

>-. o3 

-B O 

PmW 


^ cu to 

S"S j Si 
'"•SB 

53 c S a 

Dh S CU 

i} cu "3 B 
r^ B O^ 

H SeqH 


Is 

■S £ 

O <U 

Dh > 

Cu o 


6 


00 

M 


lO 


to 


to 


Os 


i>. 


to 


CO 


< 


cu 

s 

CO 

<+H 

o 

CO . 

£ s 

3 o 


a 

o3 

2 

"c3 

B 
cu 

Q 

<-i CO 

O V 

=P.S 


u 
o 

u 

B . 

'a 2 

W £ 
M CU 

o3 B 
° m 


a 

03 
X 

W 

03 
O 

le 

35 .S 


o «« 

M CO 

-qh 


a 

w 

o 

-M 

o 
"2 • 

3P.S 


i 

X 

W 
& 

4) 

a 

o 
ft 



O co 

is 

11 


cu 

.a 

u 

bO . 
B co 

|§ 
> t o 

l+H CO 

O co 

J3 a 

o o 



144 



Inspects factories, enforces child 
labor laws, collects data on labor 
conditions. 


Cares for the capitol grounds 
and buildings, contracts for fuel 
and light 


Makes regulations controlling 
contagious animal diseases, ex- 
amines and licenses practicing 
veterinarians. 


Examines and grants certificates 
to applicants to become regis- 
tered pharmacists. 


Tabulates statistics of weather 
reports, establishes two or more 
weather and crop stations in each 
county. 


,3 

3 CD 

73 (J 

§-§ 

<+H C 

01 * 
>-, CO 

3 .Ss" 
co «j 

CD XI 

>-c CO 

3 fi 

w & 


Appoints deputies to aid in en- 
forcing fish and game laws. 
Restocks and distributes fish 
and game in state. 


Appoints a state geologist and 
assistants. 


u 

CD 

Oh 

8 

oo 


8 

lO 

4& 


u 

>> 

CD 

&, 

o 
o 


-a 
t-i 

CD 

ex 

to 

4© 


o 
o 
m 


o 
o 

4£= 


o 
o 


CD O 

2 cd 

s* 


G 


CO 


G 
to 


G 

CO 


i 


G 


t 

CO 


1 

"3 CD 

rS o 

if? bD 


Is 
.a b 

o CD 

&<£ 

O-O 


Appointed by 
Governor with 
consent of Senate. 


2 o 

•S s 

"o CD 


2 o 
•S g 

O CD 
Oh O 


■9 s 

O CD 


Is 

O CD 
Oh > 

o-o 


2 o 
.9 g 

O CD 


Governor, Pres. 
State Univ., Pres. 
Agri. College, 
Pres. Academy of 
Science, State 
Auditor. 


H 


H 


vo 


co 


H 


- 


H 


to 


i 

"cS 

en 

u, 

O 
,0 

«J 
tA 

O 

PQ'S 


CJ 

=j 

Ph 
o 

§ & 

■3 .3 
2tj 

to r3 
3 3 

urn 


"«3 

a 

5 

< 



1 

CO 

eg 
g^ 

°£ 


U 
ed 

B 

43 

Ph 

>M 


3 

.2 

CO 

1 

1 

u 


3 
a) 

j-i 
u 

1 
t . 

■3.8 

s£ 

o v 
3 « 

•B'fr 


i 

S 
o 

U 

T) 
O 
O 

fn 
b-2 

.3 «> 

3.S2 

q a 


3 

CD 

T3 

«H 

CD 

a 
o 

3 

CiJ 

.3 
in 


•s 
8 

.u 
*b0 

o 

8 
o 



145 



to 

3 
H 
P 

Q 

Q 
g 
< 
en 
pi 
H 
£ 
C 
ft 


Enforces laws regarding fire- 
escapes, construction, sanitation. 
Must inspect hotels when com- 
plaint is made. 


g 
o 
o 

CO 

> 

"s 

CI 45 

cd •*-• 

co O 
0) 
U 4) 

•° 53 

CO ° 

4> .£ 

G D 
t— i <j 


Elects a secretary and assistants. 
Aids in establishing libraries in 
state. Maintains circulating 
library. 


T3 
PI 
cd 

rJO 

S • 

fc! co 
3 C 

.o J 

"c3 
4) CO 

-3 

CO 

•ffe 

m o 


CO 

4) 

CO 

a 

(J 

CO 
41 

3 . 

•- o 

^•s 
c o- 

co G 

Oh 3 
CO 4> 

c o 


Investigates causes of fires. En- 
forces laws against unsafe build- 
ings. Compels fire-escapes. 


CO 
JO 

"o 

CO 

to 

4) 

X) 

d 
cU 

CO CU 
41 _^ 

Ch 

8 g 

X r) 

W o 


Enforces laws regarding safety, 
ventilation, and sanitation of 
mines. 


cd 

y 

3 

Oh 

G 
cd 

CO 

4) 

CO 

to . 

"£ to 
.S G 

Ih O 

Pm'Z- 


i 

CO 


o 
o 

H 


X) 

4) 

Oh 

<r> 
39= 


4> 
G 

o 


CO 
4> 
4) 


CO 

4> 
4) 


d 
o 
m 

<N 


c/i 

4) 
4> 


o 
o 

00 


CO 

4) 
41 


H 


co 

u 


CO 

Jh 




CO 

IN 


CO 


<* 




£0 

>> 


CO 


a 

Cfl 


H 





W 


.S g 

O 4) 

a > 


£ o 
.S £ 

'S 4) 

°<£ 

Oh? 


►H > CO 

Si js§ 
a "si is*! 

3£es« 

CO CO to Ph ^t 


"2 
41 

G 

4) 
O 

>> . 

-O ^ 

3 £ 

U 4> 


-O 

T3 . 

4) Ih 

IS 

2 4) 

£<> 

Cm O 


>»*2 
S o 

.a a 6 

O cj +J 

o- > S 

^° s 

<Ooo 


•i £ 

Ph O 


«i o 

.S g 

O 4) 

Oh ° 


1 

4) 
G 
41 

o 

>^ . 

-O X 

OJ g 
U 41 


6 




- 


t^ 


M 


4) 
Ih 

o 

H S 

o 


- 


^~ 


fO 


- 


< 


o 
u 
41 

Oh 
CO 

c 

M 

o 

W 


to 
4) 
4) 

PQ 
< o 

Ih 

o 

u 

41 

Oh 
CO 

G 
1— ( 


j 

CO 

CO 

a 
a 

o 

u 

u 

-O 

3 


4> 

g 

s 
3 

CO 


CO 

1 

pq 
o 

4) 

a, 

CO 

G 
4) 

s 

CO 


13 

A 
co 

Eh 

41 
Ih 

41 

"cci 
CO 


-S3 

O 

"o 

4> 
Oh 
CO 

a 

4) 

3 

CO 


B 

o 
o 

41 

Oh 
CO 

CI 

4) 

G 

3 

CO 


3 

# G 

4] 

3 

CO 



146 



O to 

^ Si 



5§ 



u cu 

CU <-M 



T3 o.a 

sal • 

co 3 w to 

OT ^ <U 

<u S bo 

co d „ u 
<u .£ <u 

u # bcr^ -a 



* .2 



a, 

cu to 
CD T3 



C O 
co C 



^ 



2 o 
S g 

o 53 o cu 

a? a> 
a, o &. o 

<o <o 



fl CO 

CU CU 

T3 fa 

C 3 

Is 

5S 



bJ3*£- 



t« ^ 

s a 

P 2 
^■5 



^5 



& ° CO 

a* 3 

• s § bb.£P 

j_i 3 c w 

(h cd 



•a £ 



?* M n4 C 

*-> o ~t 

2 co' c" 



« 




<u 




-c 








br 




C 


o 


C 


■£3 




B3 


aj 




c 


cd 


o 


en 


f ) 










Kj 










£ 


> 


cd 











c 


U 





u 


■p' 



"s e 



O o 



"" bO 



oo '35 



, o 

Km 



coco 



»47 



CHAPTER XVII. 

THE CONSTITUTION OF IOWA 

(Continued) 

Judicial Department 

The judiciary may be defined as the law interpreting 
department of the government. The legislative depart- 
ment makes the laws for the state and local governments, 
and the executive department carries these laws into 
effect. If the legislature in making a law, exceeds its 
authority, or if the officers of the executive department 
refuse to perform their duties, government is a failure 
unless some remedy is provided. It is the duty of the 
judiciary to test the constitutionality of laws and deter- 
mine whether the legislature has exceeded its powers 
and whether the law enacted is just. It is furthermore 
the duty of the judiciary to bring a delinquent officer be- 
fore the court and compel him to do his duty, or punish 
him for refusing. Thus one duty of the court is to act as 
a compelling force over the executive, and another duty 
is to guard the rights of the people by checking the legis- 
lature. 

The real function of the courts is to interpret law. 
This does not always seem clear. In the above instance, 
when the court compels an executive officer to do his 
duty it would seem that the court itself were exercising 
executive power. This is not true. The laws of the 
state clearly provide the duties and powers of executive 
148 



THE CONSTITUTION OF IOWA I49 

officers, and the court is only interpreting law when it 
compels the officer to perform his legal duties. The 
most important work of the court is to determine conflicts 
arising between individuals in their ordinary business 
transactions. Sometimes laws are not well written and 
give occasion to various interpretations. Sometimes one 
individual will attempt to evade a law, or to misapply it 
to the injury of another. Sometimes a law is well under- 
stood, but not willingly observed. In these instances the 
aggrieved party may seek relief in the courts. When an 
offense is so serious as to be called a crime, the state is 
the aggrieved party and the action is brought in the name 
of the state. The question as to the facts is determined 
by a jury which hears the evidence. The court then 
declares the law applying to this case and renders a 
decision accordingly. 



ARTICLE V — JUDICIAL DEPARTMENT 

Courts. Section i. The judicial power shall be vested in a 
supreme court, district court, and such other courts, inferior 
to the supreme court, as the general assembly may, from time 
to time, establish. 

Supreme Court. Sec. 2. The supreme court shall consist 
of three judges, two of whom shall constitute a quorum to hold 
court. 

Judges Elected. Sec. 3. The judges of the supreme 
court shall be elected by the qualified electors of the state, and 
shall hold their court at such time and place as the general 
assembly may prescribe. The judges of the supreme court 
so elected shall be classified so that one judge shall go out of 
office every two years; and the judge holding the shortest term 
of office under such classification shall be chief justice of the 
court during his term, and so on in rotation. After the expira- 
tion of their terms of office, under such classification, the term 
of each judge of the supreme court shall be six years, and until 



150 HISTORY AND GOVERNMENT OF IOWA 

his successor shall have been elected and qualified. The judges 
of the supreme court shall be ineligible to any other office in 
the state during the term for which they shall have been 
elected. 

Jurisdiction. Sec. 4. The supreme court shall have 
appellate jurisdiction only in cases in chancery, and shall 
constitute a court for the correction of errors at law, under 
such restrictions as the general assembly may by law prescribe; 
and shall have power to issue all writs and process necessary 
to secure justice to parties, and exercise a supervisory control 
over all inferior judicial tribunals throughout the state. 

District Court and Judge. Sec. 5. The district court 
shall consist of a single judge, who shall be elected by the 
qualified electors of the district in which he resides. The 
judge of the district court shall hold his office for the term of 
four years; and until his successor shall have been elected and 
qualified; and shall be ineligible to any other office, except 
that of judge of the supreme court, during the term for which 
he was elected. 

Jurisdiction. Sec. 6. The district court shall be a court 
of law and equity, which shall be distinct and separate juris- 
dictions, and have jurisdiction in civil and criminal matters 
arising in their respective districts, in such manner as shall be 
prescribed by law. 

Conservators of the Peace. Sec. 7. The judges of the 
supreme and district courts shall be conservators of the peace 
throughout the state. 

Style of Process. Sec. 8. The style of all process shall 
be "The State of Iowa," and all prosecutions shall be conducted 
in the name and by the authority of the same. 

Salaries. Sec. 9. The salary of each judge of the supreme 
court shall be $2000 per annum, and that of each district judge 
$1600 per annum, until the year eighteen hundred and sixty, 
after which time they shall severally receive such compensation 
as the general assembly may, by law, prescribe, which com- 
pensation shall not be increased or diminished during the term 
for which they shall have been elected.* 

The present salary of each judge of the supreme court 
is $6000, and that of the district judges, $3500. 

* See amendment and comment following Section 10. 



THE CONSTITUTION OF IOWA 151 

Judicial Districts. Sec. 10. The state shall be divided 
into eleven judicial districts ; and after the year eighteen hun- 
dred and sixty the general assembly may reorganize the judi- 
cial districts and increase or diminish the number of districts, 
or the number of judges of the said court, and may increase the 
number of judges of the supreme court ; but such increase or 
diminution shall not be more than one district, or one udge of 
either court, at any one session; and no reorganization of the 
districts or diminution of the judges shall have the effect of 
removing a judge from office. Such reorganization of the 
districts, or any change in the boundaries thereof, or any in- 
crease or diminution of the number of judges, shall take place 
every our years thereafter, if necessary, and at no other time. 

(Amendment.) At any regular session of the general as- 
sembly, the state may be divided into the necessary judicial 
districts for district-court purposes, or the said districts may 
be reorganized and the number of the districts and the judges 
of said courts increased or diminished; but no reorganization 
of the districts or diminution of the judges shall have the effect 
of removing a judge from office.* 

The number of judicial districts in the state is now 
twenty-one, and the number of judges in each district 
varies from one to five. 

When Chosen. Sec. 1 1 . The judges of the supreme and 
district courts shall be chosen at the general election; and the 
term of office of each judge shall commence on the first day of 
January next after his election. 

Attorney-General. Sec. 12. The general assembly shall 
provide, by law, for the election of an attorney-general by the 
people, whose term of office shall be two years, and until his 
successor shall have been elected and qualified. 

County Attorney. Sec. 13. The qualified electors of 
each county shall, at the general election in the year eighteen 
hundred and eighty-six, and every two years thereafter, elect 
a county attorney, who shall be a resident of the county, for 
which he is elected, and shall hold his office for two years, and 
until his successor shall have been elected and qualified. 

*The foregoing was submitted to the electors at the general election 
in 1884, as a proposed amendment to the Constitution, and was bv 
them adopted. 



152 HISTORY AND GOVERNMENT OF IOWA 

Carrying into Effect. Sec. 14. It shall be the duty of 
the general assembly to provide for the carrying into effect of 
this article, and to provide for a general system of practice in 
all the courts of this state. 

The Grand Jury. Sec. 15. The grand jury may consist 
of any number of members not less than five, nor more than 
fifteen, as the general assembly may by law provide, or the 
general assembly may provide for holding persons to answer 
for any criminal offense without the intervention of the grand 
jury. 

The judicial system of Iowa now comprises a supreme 
court, district courts, superior courts, justices' courts, 
and municipal courts. The source of authority for the 
first four courts is the Constitution. The municipal 
courts are provided for by acts of the legislature. It will 
be observed that the courts are arranged in a graded 
series from lower to higher, so that minor and less im- 
portant cases may be settled in the lower courts, while 
the higher tribunals are allowed more time for the trial 
and settlement of more important cases. 

The Supreme Court. The legislature has the power to 
increase the number of judges in the supreme court. 
There are now seven judges who serve for a term of six 
years and receive a yearly compensation of $6000. Two 
judges are elected every two years by the people at the 
general election. The older of the two judges having the 
shortest term yet to serve, is chief justice during the first 
year and his colleague during the second year. The 
court holds three regular terms each year, beginning in 
January, May and September. 

The jurisdiction of the supreme court is almost entirely 
appellate — that is, it hears cases having begun in a 
lower court and having been taken by appeal up to the 
supreme court. It has original jurisdiction in only two 
instances — in mandamus and certiorari cases. It ex- 



THE CONSTITUTION OF IOWA 1 53 

ercises a supervisory jurisdiction over all inferior courts 
of the state, and has as its chief function the correction of 
errors at law committed in the decisions of lower courts. 
The cases appealed to the supreme court are not retried, 
except equity cases, but are reviewed as to matters of law, 
to determine if the lower court committed any error in 
the application or in the interpretation of the law. The 
decisions of the supreme court are final, except in a very 
few instances, which may be carried to the supreme court 
of the United States. If the judges are equally divided 
in their opinion, the judgment of the lower court is always 
sustained. 

The clerk o the supreme court and the reporter are 
elected by the people and hold office for four years. The 
clerk keeps a complete record of the proceedings of the 
court, files all printed matter and papers in the cases, 
issues orders to carry out the directions of the court, 
files and enters the opinions of the court and delivers 
them to the reporter for publication. The reporter 
prepares from the opinions of the court the printed 
digests known as the " Supreme Court Reports." 

Decisions. The decisions of the supreme court are 
considered as the interpretation of law within the state. 
All lower courts in the state follow, as nearly as possible, 
the decisions of the supreme court. If they were to 
do otherwise their decisions could be appealed from and 
the case carried to the supreme court, where it would be 
reversed. 

District Courts. There are twenty-one judicial districts 
in Iowa, having from one to five judges in each district. 
The establishment of such districts is within the power of 
the legislature, which may increase or diminish either the 
number of districts or the number of judges. District 
judges are elected by the people for a term of four years 



154 HISTORY AND GOVERNMENT OF IOWA 

and receive a compensation of $3500 per year. The 
district court holds four sessions each year in each county. 
Its jurisdiction extends to the trial of all offenses and 
crimes committed against the laws of the state. It will 
be remembered, however, that certain minor offenses may, 
with the consent of both parties, be tried in a justice's 
court. 

Superior Courts. A superior court may be established 
in any city having a population of 4000 or more, if a 
majority of the people favor such court. Its name, 
doubtless, arose out of the fact that when such court is 
created, it not only displaces the police or mayor's court 
and takes exclusive jurisdiction of all cases arising under 
the city ordinances, but it is superior to such courts in that 
it has concurrent jurisdiction with the district court in 
all civil matters, except in probate cases, actions for 
divorce, alimony, and separate maintenance. This court 
also has concurrent jurisdiction with the justice of the 
peace, and cases may be appealed to this court from the 
justices in the township. If both parties consent, cases 
may be appealed from any justice of the peace in the 
county . This so-called superior court is inferior to the 
district court in that criminal cases may be appealed 
from this court to the district court. 

The judge of the superior court is elected by the voters 
of the city, holds his office for a term of four years, and 
receives a yearly compensation of $2000. One-half of 
the yearly salary is paid by the city and the other half 
by the county. In cities having a population of 25,000 or 
more the salary is $3000. Such court offers advantages 
to cities somewhat distant from the county seat. In 191 2, 
there were seven cities in Iowa having superior courts, as 
follows : Cedar Rapids, Council Bluffs, Grinnell, Keokuk, 
Oelwein, Perry, Shenandoah. 



THE CONSTITUTION OF IOWA 155 

Justices' Courts. The justices of the peace are elected 
by the people in the townships for a period of two years 
and are paid by fees. They have power to try petty cases 
in both civil and criminal matters. They have jurisdic- 
tion over criminal cases involving not more than thirty 
days' imprisonment, or a fine of one hundred dollars, 
and over civil cases, where the value in controversy does 
not exceed one hundred dollars, or with the consent of 
both parties the amount may be three hundred dollars. 
No record of the proceedings is kept other than the names 
of the cases tried. A justice's court may have a jury of 
six men. 

Municipal Courts. The general assembly of 1915 
provided that any city of 20,000 or more inhabitants 
may establish a municipal court upon the petition of 
not less than fifteen per cent of the qualified electors. 
When such court is established it takes the place of all 
minor courts such as police courts, mayor's court, 
justices of the peace courts, and superior court in the 
municipality. There shall be one municipal judge for 
each 30,000 inhabitants or major fraction thereof. 
The judge or judges shall be nominated at a non-partisan 
city primary and elected at a non-partisan city election, 
for a term of four years. This court has concurrent 
jurisdiction with the district court in all matters where 
the amount in controversy does not exceed ."$1000, except 
in probate actions, actions for divorce, alimony and 
cases effecting titles to real estate and juvenile cases. 
In civil actions appeals may lie to the Supreme Court 
but in criminal actions appeals go to the district court. 

Prosecuting Attorneys. The judicial machinery of 
the state would be of very little value in the actual ad- 
ministration of government were it not for the services 



156 HISTORY AND GOVERNMENT OF IOWA 

rendered by the county attorneys and the attorney- 
general. Each county has a county attorney whose 
duty it is to prosecute all cases arising in his county, 
in which the state is a party, when brought in either 
the justices' court in the township or in the district 
court in the county. When a case is appealed from the 
district court of the county to the supreme court of 
the state, the attorney-general takes charge of the case. 
He may retain the county attorney to assist him if he 
cares to do so. In all cases affecting state officers 
directly the attorney-general assumes charge of the 
case immediately. He may begin action in a district 
when enforcing laws for the removal of county or city 
officers. 

QUESTIONS 

1. Name the different courts in Iowa. 

2. Why is the judicial department necessary in govern- 
ment? 

3. How are judicial districts in the state created? 

4. Has the state supreme court any original jurisdiction? 

5. What relation does the county attorney have to the 
courts? 

6. Could the general assembly abolish trial by jury in 
state cases in Iowa? 

7. Which party to a suit is called the plaintiff? Which 
the defendant? 

8. What is the difference between the superior courts and 
the district courts? 

9. May a party to a suit waive the right of trial by jury? 
10. What is the difference between a case at common law 

and a case in equity? 



CHAPTER XVIII. 

THE CONSTITUTION OF IOWA 

(Continued) 

The Selection of Juries 

Who May Act. "All qualified electors of the state, of 
good moral character, sound judgment, and in full pos- 
session of the senses of hearing and seeing, and who can 
speak, write and read the English language, are competent 
jurors in their respective counties." 

Who are Exempt. All persons holding office under the 
laws of the United States or this state; all practicing 
attorneys, physicians, dentists, registered pharmacists, 
and clergymen; all acting professors or teachers of any 
college, school or other institution of learning; and all per- 
sons disabled by bodily infirmity, or over sixty-five years 
of age; active members of any fire company; and any 
person who is conscientiously opposed to acting as a 
juror because of his religious faith. 

Who May be Excused. Any person may also be excused 
from serving on a jury when his own interests and those 
of the public will be materially injured by his attendance, 
or when the state of his own health, or the death or sick- 
ness of a member of his own family, requires his absence 
from court. Any person who knowingly makes false 
affidavit, statement, or claim for the purpose of escaping 
jury service may be fined not exceeding one hundred 
i57 



158 HISTORY AND GOVERNMENT OF IOWA 

dollars, or by imprisonment in the county jail, not ex- 
ceeding thirty days. 

Grand Jury Defined. A grand or presentment jury is 
a body of men called to investigate complaints of criminal 
offenses, and if cause be found, to draw up a true bill 
against the accused. This bill is called an indictment. 
In the United States the number constituting a grand 
jury is a matter of local regulation, and is frequently 
determined by the state Constitution or by the legislature. 
Iowa has provided that seven men may constitute a grand 
jury. 

Petit Jury Defined. A petit, or trial jury, is a body of 
twelve men, selected according to law, impaneled and 
sworn to inquire into and try any matter of fact, and to 
render their true verdict according to the evidence legally 
adduced. Trial by jury is guaranteed by the Constitu- 
tion of the United States in all civil cases except upon 
impeachments, and in all suits in common law where the 
subject matter of the controversy exceeds twenty dollars 
in value. This refers only to trials in the Federal courts, 
and places no restriction whatever upon state courts. 
States may in their own Constitutions dispense with trial 
by jury both in civil and criminal cases. When the Con- 
stitution of a state preserves the right of trial by jury 
inviolate, the legislature cannot change the number of 
jurors in either civil or criminal cases. 

Process of Selection. (1) On or before the first Mon- 
day in September in each year, the county auditor shall 
apportion the number of grand and petit jurors to be 
selected among the several election precincts, and the 
talesmen among the precincts from which the same are 
to be drawn, in each case as nearly as practicable in 
proportion to the number of votes polled in such precincts 



THE CONSTITUTION OF IOWA 1 59 

at the last general election. (2) The auditor furnishes 
to the judges a statement of the number of persons ap- 
portioned to their respective precincts to be returned for 
each of the jury lists. This statement is sent out with the 
pooling books just before the election. (3) The judges 
of election make the selection of names and return the lists 
of names so selected to the auditor along with the election 
returns. Such lists are composed only of persons com- 
petent and qualified to serve as jurors. (4) On or before 
the first Monday in December each year, the county 
auditor and clerk of the district court shall prepare from 
these lists separate ballots, containing names of all persons 
so returned. These different classes of names are kept 
separate and are deposited in separate boxes for the grand 
jurors, the petit jurors, and the talesmen, and are plainly 
marked and sealed and deposited with the clerk of the dis- 
trict. For the grand jury list 75 names are selected from 
the whole county court. For the petit jury, 400 names are 
selected in counties of 20,000 population or less, and 800 
in counties over 20,000 population. For the talesmen, 
150 names are selected in counties having 20,000 popu- 
lation or less, and 300 names in counties having more 
than 20,000 people. (5) At least twenty days prior to 
first day of each term of court, the clerk, auditor and 
recorder draw twelve names from the box containing the 
grand jury list, which names shall constitute a panel 
from which to select grand jurors for one year. Not more 
than one person shall be grand juror from any township 
except there be less than twelve civil townships in the 
county. From the box containing names for the petit 
jury, the clerk, auditor and recorder shall draw fifteen 
names in counties of 15,000 people or less, and twenty- 
four in counties of over 15,000 people. (6) On the 
second day of each term of court the clerk places in a box 
the twelve names constituting the grand jury panel and 



l6o HISTORY AND GOVERNMENT OF IOWA 

draws from it seven names, which persons shall consti- 
tute the grand jury for that term. If the panel for the 
petit jury is exhausted, either through excuses granted 
or through challenges made when selecting a jury for 
a particular case, the panel shall be again increased 
by the clerk, auditor and recorder again drawing names 
from the box containing the petit jury list. (7) If 
when trying a case, the petit jury list is exhausted 
or the panel is exhausted and those on the list cannot 
be reached, the clerk shall in the presence of the court, 
draw such number of names as the court may order 
from the talesmen box to complete the jury. 

Challenges. Either party to a suit may challenge 
the whole panel of the petit jurors, or any individual 
juror. If the challenge is made to the panel, it must 
be in writing, specifying the grounds of the objection. 
If this objection is sustained by the court another panel 
is drawn. A challenge to an individual juror is either 
peremptory or for cause. A peremptory challenge is an 
objection to a juror for which no reason need be given. 
Challenge to array means a challenge to the whole jury. 
Each party to a suit has the right to make five peremp- 
tory challenges. Any number of jurors may be chal- 
lenged for cause. The cause must be such as will be 
recognized by the judge. 

Fees of Jurors. Each juror shall receive two dollars 
for each day's service or attendance in the district 
court, and for each mile traveled from his residence 
to the place of trial, the sum of ten cents. 

QUESTIONS 

1. Who may act as jurors in Iowa, and who are exempt? 

2. What are the duties of a grand jury? Of a petit jury? 

3. What is meant by a challenge to a juryman? 

4. May women serve on a jury in Iowa courts? 

5. Describe the process in full of choosing grand and petit 
juries. 



CHAPTER XIX. 

THE CONSTITUTION OF IOWA 

(Continued) 
ARTICLE VI — MILITIA 

Who Constitute. Section i. The militia of this state 
shall be composed of all able-bodied male citizens between the 
ages of eighteen and forty-five years, except such as are or may 
hereafter be exempt by the laws of the United States, or of 
this state; and shall be armed, equipped, and trained, as the 
general assembly may provide by law. 

Exemption. Sec. 2. No person or persons conscientiously 
scrupulous of bearing arms shall be compelled to do military 
duty in time of peace; provided, that such person or persons 
shall pay an equivalent for such exemption in the same manner 
as other citizens. 

Officers. Sec. 3. All commissioned officers of the 
militia (staff officers excepted) shall be elected by the persons 
liable to perform military duty and shall be commissioned by 
the governor. 

The Militia. Militia is a general term referring to all 
able-bodied male citizens, between the ages of eighteen 
and forty-five years, not otherwise exempt from military 
duty. The assessor reports the names of persons eligible 
for military service to the county auditor, who in turn 
sends the corrected lists to the adjutant-general. "The 
Iowa National Guard" is the active militia of the state. 
It is made up of volunteer enlistments, and consists of four 
regiments of infantry, and at the discretion of the com- 
mander-in-chief, of two batteries of artillery and two 
troops of cavalry, with the necessary staff department. 

161 



1 62 HISTORY AND GOVERNMENT OF IOWA 

In case of breach of the peace, or tumult, or riot, the 
sheriff of any county may call for aid from any command- 
ing officer of any military company with:n his county. 
The sheriff must immediately notify the governor of 
such action. If greater force is needed to preserve order, 
the sheriff calls on the governor for more companies of 
troops. When the President of the United States makes 
a requisition for troops, the governor as commander-in- 
chief must order into service the National Guard of the 
state, or such portion of it as may be necessary. If this 
force is not sufficient, the governor calls for as much of the 
militia as is necessary to make up the required number. 
The militia is first chosen from volunteers, but if a suffi- 
cient number do not volunteer, the remainder are desig- 
nated by means of draft. 



ARTICLE VII — STATE DEBTS 

Credit not to be Loaned. Section i. The credit of the 
state shall not, in any manner, be given or loaned to, or in aid 
of, any individual, association, or corporation; and the state 
shall never assume, or become responsible for, the debts or 
liabilities of any individual, association, or corporation, unless 
incurred in time of war for the benefit of the state. 

Limitation. Sec. 2. The state may contract debts to 
supply casual deficits or failures in revenues, or to meet expenses 
not otherwise provided for; but the aggregate amount of such 
debts, direct and contingent, whether contracted by virtue of 
one or more acts of the general assembly, or at different periods 
of time, shall never exceed the sum of $250,000; and the money 
arising from the creation of such debts shall be applied to the 
purpose for which it was obtained, or to repay the debts so con- 
tracted, and to no other purpose whatever. 

Losses to School Funds. Sec. 3. All losses to the per- 
manent school or university fund of this state, which shall have 
been occasioned by the defalcation, mismanagement, or fraud 
of the agents or officers controlling and managing the same, 



THE CONSTITUTION OF IOWA 1 63 

shall be audited by the proper authorities of the state. The 
amount so audited shall be a permanent funded debt against 
the state, in favor of the respective fund sustaining the loss, 
upon which not less than six per cent annual interest shall be 
paid. The amount of liability so created shall not be counted 
as a part of the indebtedness authorized by the second section 
of this article. 

War Debts. Sec. 4. In addition to the above limited 
power to contract debts, the state may contract debts to repel 
invasion, suppress insurrection, or defend the state in war; 
but the money arising from the debts so contracted shall be 
applied to the purpose for which it was raised, or to repay such 
debts, and to no other purpose whatever. 

Question of Incurring Debt Submitted. Sec. 5. Ex- 
cept the debts hereinbefore specified in this article, no debt 
shall be hereafter contracted by, or on behalf of, this state, 
unless such debt shall be authorized by some law for some 
single work or object, to be distinctly specified therein; and 
such law shall impose and provide for the collection of a direct 
annual tax sufficient to pay the interest on such debt as it falls 
due, and also to pay and discharge the principal of such debt 
within twenty years from the time of the contracting thereof; 
but no such law shall take effect until at a general election it 
shall have been submitted to the people, and have received a 
majority of all the votes cast for and against it at such election; 
and all money raised by authority of such law, shall be ap- 
plied only to the specific object therein stated, or to the payment 
of the debt created thereby; and such law shall be published 
in at least one newspaper in each county, if one is published 
therein, throughout the state, for three months preceding the 
election at which it is submitted to the people. 

Legislature may Repeal. Sec. 6. The legislature may, 
at any time, after the approval of such law by the people, if 
no debt shall have been contracted in pursuance thereof, repeal 
the same; and may at any time forbid the contracting of any 
further debt, or liability, under such law; but the tax imposed 
by such law, in proportion to the debt or liability which may 
have been contracted in pursuance thereof, shall remain in 
force and be irrepealable, and be annually collected, until the 
principal and interest are fully paid. 

Tax Imposed Distinctly Stated. Sec. 7. Every law 
which imposes, continues, or revives a tax, shall distinctly state 



1 64 HISTORY AND GOVERNMENT OF IOWA 

the tax, and the object to which it is to be applied; and it shall 
not be sufficient to refer to any other law to fix such tax or 
object. 

The Constitution carefully guards the credit of the 
state and prevents the loss of money through unwise 
business transactions of the legislature. Section i pre- 
vents any corporation or association having great political 
influence from using the state as a tool or agent for the 
purpose of securing money. Provision is, however, 
made in Section 2, whereby the legislature may meet 
emergencies and may contract debts to the extent of 
$250,000. If a loss occurs in the permanent school fund 
of the state the Constitution provides that such loss may 
be made good by the state paying into the annual income 
from the school fund, such sum as would equal the interest 
on the amount lost. In time of war or invasion the state 
may contract debts in excess of the amount allowed 
during peace, but the money raised for such purpose 
cannot be expended for any other. 



ARTICLE VIII — CORPORATIONS 

How Created. Section 1. No corporation shall be 
created by special laws; but the general assembly shall provide 
by general laws, for the organization of all corporations here- 
after to be created, except as hereinafter provided. 

Property Taxable. Sec. 2. The property of all corpora- 
tions for pecuniary profit shall be subject to taxation the same 
as that of individuals. 

State not to be a Stockholder. Sec. 3. The state shall 
not become a stockholder in any corporation, nor shall it assume 
or pay the debt or liability of any corporation, unless incurred 
in time of war for the benefit of the state. 

Municipal Corporation. Sec. 4. No political or muni- 
cipal corporation shall become a stockholder in any banking 
corporation, directly or indirectly. 



THE CONSTITUTION OF IOWA 1 65 

Act Creating Banking Associations. Sec. 5. No act 
of the general assembly, authorizing or creating corporations of 
associations with banking powers, nor amendments thereto, 
shall take effect, or in any manner be in force, until the same 
shall have been submitted, separately, to the people, at a general 
or special election, as provided by law, to be held not less than 
three months after the passage of the act, and shall have been 
approved by a majority of all the electors voting for and against 
it at such election. 

State Bank. Sec. 6. Subject to the provisions of the 
foregoing Section, the general assembly may also provide for 
the establishment of a state bank with branches. 

Specie Basis. Sec. 7. If a state bank be established, it 
shall be founded on an actual specie basis, and the branches 
shall be mutually responsible for each other's liabilities upon 
all notes, bills and other issues intended for circulation as 
money. 

General Banking Law. Sec. 8. If a general banking 
law should be enacted, it shall provide for the registry and 
countersigning, by an officer of state, of all bills, or paper 
credit designed to circulate as money, and require security to 
the full amount thereof, to be deposited with the state treasurer, 
in United States stocks, or in interest-paying stocks of states 
in good credit and standing, to be rated at ten per cent below 
their average value in the city of New York, for the thirty days 
next preceding their deposit; and in case of a depreciation 
of any portion of such stocks, to the amount of ten per cent on 
the dollar, the bank or banks owning said stock shall be re- 
quired to make up said deficiency by depositing additional 
stocks; and said law shall also provide for the recording of the 
names of all stockholders in such corporations, the amount of 
stock held by each, the time of any transfer, and to whom. 

Stockholders Responsible. Sec. 9. Every stockholder 
in a banking corporation or institution shall be individually re- 
sponsible and liable to its creditors, over and above the amount 
of stock by him or her held, to an amount equal to his or her 
respective shares so held, for all its liabilities accruing while 
he or she remains such stockholder. 

Bill-Holders Preferred. Sec. 10. In case of the in- 
solvency of any banking institution, the bill-holders shall have 
a preference over its other creditors. 

Suspension of Specie Payments. Sec. n. The sus- 



1 66 HISTORY AND GOVERNMENT OF IOWA 

pension of specie payments by banking institutions shall never 
be permitted or sanctioned. 

Amendment or Repeal of Charters; Exclusive Privi- 
leges. Sec. 12. Subject to the provisions of this article, the 
general assembly shall have power to amend or repeal all laws 
for the organization or creation of corporations, or granting 
of special or exclusive privileges or immunities, by a vote of 
two-thirds of each branch of the general assembly; and no 
exclusive privileges, except as in this article provided, shall ever 
be granted. 

The legislature enacts general laws governing corpora- 
tions. Among the powers given to corporations are the 
following: to have perpetual succession; to sue and be sued 
by its corporate name; to have a common seal which it 
may alter at pleasure; to render the interests of the stock- 
holders transferable; to exempt the private property of 
its members from liability for corporate debts, except as 
otherwise declared; to make contracts and to acquire 
and transfer property as a natural person; to establish 
by-laws and make rules and regulations for managing 
their affairs. Before commencing business, every corpora- 
tion for pecuniary profit must be recorded with the 
county recorder of the county in which it operates and 
with the secretary of state at Des Moines. 

Section 6 provides for the establishment of state banks. 
These banks were, by Sections 7 and 8, given power to issue 
notes to circulate as money. Such power still exists, but 
is no longer used by state banks. State banks were often 
not well protected by laws governing their charters, and 
they became insolvent and the money issued by them 
became worthless. On March 3, 1865, Congress passed 
an act laying a ten per cent tax on all state bank notes 
paid out of any bank. This drove all state bank bills out 
of circulation. Since that time the issuance of bank 
notes to circulate as money has been confined to national 
banks. 



THE CONSTITUTION OF IOWA 1 67 

Every stockholder in a bank is held liable for double the 
amount of stock held by him in case of failure of the 
bank. If a person has shares to the extent of $1000 face 
value, he is liable to the extent of $2000 if the bank fails. 



ARTICLE IX— SCHOOL FUNDS AND SCHOOL 
LANDS 

Under Control or the General Assembly. Section 1. 
The educational and school fund and lands shall be under the 
control and management of the general assembly of this state. 

Permanent Fund. Sec. 2. The university lands, and the 
proceeds thereof, and all moneys belonging to said fund, shall 
be a permanent fund for the sole use of the state university. 
The interest arising from the same shall be annually appropri- 
ated for the support and benefit of said university. 

Lands Appropriated. Sec. 3. The general assembly shall 
encourage, by all suitable means, the promotion of intellectual, 
scientific, moral, and agricultural improvement. The pro- 
ceeds of all lands that have been, or hereafter may be, granted 
by the United States to this state, for the support of schools, 
which may have been or shall hereafter be sold, or disposed of, 
and the five hundred thousand acres of land granted to the new 
states, under an act of Congress, distributing the proceeds of 
the public lands among the several states of the Union, approved 
in the year of our Lord one thousand eight hundred and forty- 
one, and all estates of deceased persons who may have died 
without leaving a will or heir, and also such per cent as has 
been or may hereafter be granted by Congress, on the sale of 
lands in this state, shall be, and remain a perpetual fund, the 
interest of which, together with all rents of the unsold lands, 
and such other means as the general assembly may provide, shall 
be inviolably appropriated to the support of common schools 
throughout the state. 

Fines, etc.; How Appropriated. Sec. 4. The money 
which may have been or shall be paid by persons as an equiva- 
lent for exemption from military duty; and the clear proceeds 
of all fines collected in the several counties for any breach of 
the penal laws, shall be exclusively applied in the several 
counties in which such money is paid, or fine collected, among 






1 68 HISTORY AND GOVERNMENT OF IOWA 

the several school districts of said counties, in proportion to 
the number of youth subject to enumeration in such districts, 
to the support of common schools, or the establishment of 
libraries, as the board of education shall from time to time 
provide. 

Proceeds of Lands. Sec. 5. The general assembly shall 
take measures for the protection, improvement, or other dis- 
position of such lands as have been or may hereafter be re- 
served or granted by the United States, or any person or persons, 
to this state, for the use of the university; and the funds accru- 
ing from the rents or sale of such lands, or from any other 
source for the purpose aforesaid, shall be, and remain a per- 
manent fund, the interest of which shall be applied to the sup- 
port of said university for the promotion of literature, the arts 
and sciences, as may be authorized by the terms of such grant. 
And it shall be the duty of the general assembly, as soon as may 
be, to provide effectual means for the improvement and per- 
manent security of the funds of said university. 

Agents of School Funds. Sec. 6. The financial agents 
of the school funds shall be the same that, by law, receive and 
control the state and county revenue for other civil purposes, 
under such regulations as may be provided by law. 

Distribution. Sec. 7. The money subject to the support 
and maintenance of common schools shall be distributed to the 
districts in proportion to the number of youths between the ages 
of five and twenty-one years, in such manner as may be pro- 
vided by the general assembly. 

The chapter of this book entitled, "The Cost of Educa- 
tion," will furnish adequate explanation of the provisions 
of the Constitution as set forth in Article IX. 



ARTICLE X— AMENDMENTS TO THE 
CONSTITUTION 

How Proposed; Submission. Section 1. Any amend- 
ment or amendments to this Constitution may be proposed in 
either house of the general assembly; and if the same shall 
be agreed to by a majority of the members elected to each of 
the two houses, such proposed amendment shall be entered on 
their journals, with the yeas and nays taken thereon, and re- 



THE CONSTITUTION OF IOWA 1 69 

ferred to the legislature to be chosen at the next general election, 
and shall be published, as provided by law, for three months 
previous to the time of making such choice; and if, in the 
general assembly so next chosen as aforesaid, such proposed 
amendment or amendments shall be agreed to by a majority 
of all the members elected to each house, then it shall be the 
duty of the general assembly to submit such proposed amend- 
ment or amendments to the people in such manner, and at 
such time as the general assembly shall provide; and if the 
people shall approve and ratify such amendment or amend- 
ments by a majority of the electors qualified to vote for mem- 
bers of the general assembly, voting thereon, such amendment or 
amendments shall become a part of the Constitution of this 
state. 

More than One. Sec. 2. If two or more amendments 
shall be submitted at the same time, they shall be submitted 
in such manner that the electors shall vote for or against each 
of such amendments separately. 

Convention. Sec. 3. At the general election to be held in 
the year one thousand eight hundred and seventy, and in each 
tenth year thereafter, and also at such times as the general 
assembly may, by law, provide, the question, "Shall there be 
a convention to revise the Constitution, and amend the same?" 
shall be decided by the electors qualified to vote for members 
of the general assembly; and in case a majority of the electors 
so qualified, voting at such election for and against such propo- 
sition, shall decide in favor of a convention for such purpose, 
the general assembly, at its next session, shall provide by law 
for the election of delegates to such convention. 

ARTICLE XI — MISCELLANEOUS 

Civil Jurisdiction of the Justice of the Peace. Sec- 
tion 1. The jurisdiction of justices of the peace shall extend 
to all civil cases (except cases in chancery and cases where the 
question of title to real estate may arise) where the amount in 
controversy does not exceed one hundred dollars, and by the 
consent of parties may be extended to any amount not exceed- 
ing three hundred dollars.) 

Counties. Sec. 2. No new county shall be hereafter 
created containing less than four hundred and thirty-two square 
miles; nor shall the territory of any organized county be re- 



170 HISTORY AND GOVERNMENT OF IOWA 

duced below that area; except the county of Worth, and the 
counties west of it, along the northern boundary of this state, 
may be organized without additional territory. 

Indebtedness of Political Corporations. Sec. 3. No 
county or other political or municipal corporation shall be al- 
lowed to become indebted in any manner or for any purpose 
to an amount, in the aggregate, exceeding five per cent of the 
value of the taxable property within such county or corporation 
— to be ascertained by the last state and county tax lists, pre- 
vious to the incurring of such indebtedness. 

Boundaries. Sec. 4. The boundaries of the state may 
be enlarged with the consent of Congress and the general 
assembly. 

Oath of Office. Sec. 5. Every person elected or ap- 
pointed to any office shall, before entering upon the duties 
thereof, take an oath or affirmation to support the Constitu- 
tion of the United States, and of this state, and also an oath of 
office. 

How Vacancies are Filled. Sec. 6. In all cases of elec- 
tions to fill vacancies in office occurring before the expiration of 
a full term, the person so elected shall hold for the residue of 
the unexpired term; and all persons appointed to fill vacancies 
in office shall hold until the next general election, and until 
their successors are elected and qualified. 

Land Grants Located. Sec. 7. The general assembly 
shall not locate any of the public lands whichjhave been or may 
be granted by Congress to this state, and the location of which 
may be given to the general assembly, upon lands actually 
settled, without the consent of the occupant. The extent of 
the claim of such occupant so exempted shall not exceed three 
hundred and twenty acres. 

Seat of Government; State University. Sec. 8. The 
seat of government is hereby permanently established, as now 
fixed by law, at the city of Des Moines, in the county of Polk; 
and the state university at Iowa City, in the county of Johnson. 

ARTICLE XII — SCHEDULE 

Article XII of the Constitution, known as the schedule, 
contains sixteen sections and was for the most part drawn 
up at the time of the revision of the Constitution in 1857. 



THE CONSTITUTION OF IOWA 171 

The last chapters have been added since. The schedule 
is a statement of the provisions necessary to the starting 
of the government under the new Constitution. The six- 
teenth Section, adopted in 1904, which deals with the 
subject of biennial elections is given below: 

Biennial Elections. Sec. 16. The first general election 
after the adoption of this amendment shall be held on the 
Tuesday next after the first Monday in November in the year 
one thousand nine hundred and six, and general elections shall 
be held biennially thereafter. In the year one thousand nine 
hundred and six there shall be elected a governor, lieutenant- 
governor, secretary of state, auditor of state, treasurer of state, 
attorney-general, two judges of the supreme court, the success- 
ors of the judges of the district court whose terms of office 
expire on December 31, one thousand nine hundred and six, 
state senators who would otherwise be chosen in the year one 
thousand nine hundred and five, and members of the house of 
representatives. The terms of office of the judges of the supreme 
court which would otherwise expire on December 31, in odd- 
numbered years, and all other elective state, county and town- 
ship officers, whose terms of office would otherwise expire in 
January in the year one thousand nine hundred and six, and 
members of the general assembly whose successors would other- 
wise be chosen at the general election in the year one thousand 
nine hundred and five, are hereby extended one year and until 
their successors are elected and qualified. The terms of 
offices of senators whose successors would otherwise be chosen 
in the year one thousand nine hundred and seven are hereby 
extended one year and until their successors are elected and 
qualified. The general assembly shall make such changes in 
the law governing the time of election and terms of office of 
all other elective officers as shall be necessary to make the 
time of their election and terms of office conform to this 
amendment, and shall provide which of the judges of the 
supreme court shall serve as chief justice. The general 
assembly shall meet in regular session on the second Monday 
in January, in the year one thouand nine hundred and six, 
and also on the second Monday in January in the year one 
thousand nine hundred and seven, and biennially thereafter. 

[By proper legislative action (29 G. A. joint res. No. 5 and 



172 HISTORY AND GOVERNMENT OF IOWA 

30 G. A. joint res. No. 1) a proposed amendment, adding the 
foregoing Section number 16 to Article XII, was submitted to 
the electors at the general election in 1904, and adopted. 
Practically the same amendment was adopted by the people, 
November 6, 1900, but the supreme court February 1, 1 901, in 
the case of the State of Iowa, ex rel Marsh W. Bailey, vs. S. W. 
Brookhart, respondent, appellant, held that the amendment, 
Section 16, was not proposed and adopted as required by the 
Constitution, and did not become a part thereof.] 



QUESTIONS 

1. Distinguish between the state militia and the National 
Guard. 

2. May a Quaker be compelled to serve in the National 
Guard ? 

3. May a foreigner visiting in Iowa be compelled to aid the 
sheriff in restoring peace if called upon? 

4. To what extent may the state of Iowa control debts 
contracted by the state legislature? 

5. If losses to the permanent school fund occur, how may 
they be repaid? 

6. How may the state incur additional debts during the 
time of war ? 

7. Could the general assembly of Iowa bond the state of 
Iowa for the construction of public highways? 

8. If a bank becomes insolvent, for how much is each 
stockholder liable under the Iowa laws? 

9. What is a corporation ? Is a church a corporation ? 
10. May the state become a stockholder in a corporation ? 



CHAPTER XX. 

POLITICAL PARTIES IN IOWA 

A political party in a republican form of government 
is an organized means whereby the people may give ex- 
pression to their political opinions and wishes. It is by 
means of party organization that people control their 
political institutions. When Iowa was organized as a 
separate territory in 1838, there were two leading political 
parties in the country. The Democratic Party was then 
in power and had been in charge of the government since 
the beginning of Jackson's administration. The Whig 
Party, which was the successor of the Adams, Clay and 
Crawford forces, had assumed the name Whig in 1834, and 
had as its leaders Clay, Webster and Harrison. Iowa 
became a territory during the Democratic administration 
of Van Buren and was given Democratic officers during its 
first period of territorial organization. Robert Lucas, 
an Ohio Democrat, was appointed by President Van 
Buren as the first territorial governor and William B. 
Conway was chosen secretary. The first territorial legis- 
ture was elected in 1838 and contained a large Democratic 
majority. A Democratic delegate was elected to Congress 
by a vote of 4492 to 913. In 1841, with the inauguration 
of Harrison and Tyler, who were of the Whig Party, the 
territory was given Whig officers, but the legislature re- 
mained Democratic. The Liberty and Free Soil Parties 
never had a large or important following in Iowa. 

Early Political Issues. The slave question was an issue 
in early territorial and state government, although it never 

173 



174 HISTORY AND GOVERNMENT OF IOWA 

reached the point of bitter strife as in the states farther 
south where slavery was profitable. In 1848, the Whigs 
declared themselves opposed to the extension of slavery, 
and in 1856, the Republican Party followed the Whigs in 
advocating no interference with slavery where it existed, 
but no further extension of slave territory. The tariff 
has been an issue between the Republican and Democratic 
Parties since the beginning of the state government. The 
strife has never been bitter, because the state is primarily 
agricultural with but few large manufacturing industries. 
The Constitution of 1846 was not friendly towards cor- 
porations organized for pecuniary profits. They could 
be organized by the legislature, but acts creating corpora- 
tions with banking powers had to be referred to the people 
for their approval. The legislature was also given power, 
by a two-thirds vote of each branch, to amend or repeal all 
laws creating corporations, and the state was denied the 
right to become a stockholder in any corporation. The 
bank question caused considerable discussion as a National 
issue between the Democratic and Whig Parties. The 
state Constitution of 1845 forbade the organization of 
banks for the issuance of paper money. The Whigs 
were strongly opposed to this provision. The Constitu- 
tion of 1846 gave the election of supreme court judges 
to the legislature. The Whigs were strongly opposed to 
such manner of choice and were joined by many disaffected 
Democrats. In the revision of the Constitution of 1857, 
the election of judges was given to the people. 

In 1848, the spirit of railroad building took possession 
of Iowa. The general assembly asked Congress to grant 
public lands consisting of alternate sections for a distance of 
five miles on either side of the proposed roadways. Two 
roads were projected, one from Davenport via Iowa City 
to Des Moines, then to Council Bluffs; the other was to 
extend from Dubuque to Iowa City, then to Keokuk. 



POLITICAL PARTIES IN IOWA 1 75 

The first land grant made by Congress for railroads was 
in 1856. 

The temperance movement throughout Iowa during 
the early period resulted in the passage of stringent laws 
regulating the sale of intoxicating liquors. Saloons were 
declared a nuisance and the manufacture and sale of 
liquors was forbidden. In 1847, a local option law was 
voted upon. It provided that counties could grant 
licenses for the retailing of liquor. This act was 
defeated by the people, but it did not destroy liquor 
traffic. Liquor was sold contrary to law. In 1849, a 
law was passed giving local option to the counties. 
This resulted in the defeat of liquor selling in the 
prohibition counties, but not in others. In 1851, an 
act was passed providing that the people of the state 
should take no share in the profits of retailing liquor, but 
that the sale of liquor as merchandise was not prohibited. 
In 1855, the first prohibitory liquor law was enacted and 
ratified by a vote of the people. This law, however 
good in its provisions, was not enforced and liquor con- 
tinued to be sold. It was followed in 1857 by a license law 
which was declared to be unconstitutional by the supreme 
court in the same year. In 1858, the law was so amended 
as to legalize the sale of ale, wine and beer, and to some 
extent local option was carried out. 

The Democratic Party. The Democratic Party, as 
known to American politics, was organized under the 
leadership of Andrew Jackson previous to the campaign 
of 1828. It had been in control of the government ten 
years previous to the territorial organization of Iowa. 
Party politics had assumed definite shape in the eastern 
counties of Iowa, when the region was yet a part of Wis- 
consin territory. With the organization of Iowa territory 
in 1838, President Van Buren appointed a full quota of 



176 HISTORY AND GOVERNMENT OF IOWA 

Democratic officers to organize the new government. The 
Democrats continued to control the politics of the terri- 
torial legislature for several years, although they lost the 
appointive officers of the territory in 1841, with the advent 
of the Whig Party. The Democrats in the early days 
championed squatter sovereignty and the rights of the 
people. In 1842, they urged statehood, because they said 
that would give the state the right and privilege of select- 
ing its own officers, who would then be directly responsible 
to the people. Previous to 1854, Iowa was Democratic, 
except that Whig officers were chosen by the president 
from 1 841 to 1845. Since 1854, the Republican Party 
has been supreme, with the exceptions of two terms of 
Democratic administration under Governor Horace Boies, 
from 1890 to 1894. 

The Whig Party. The Whig Party had its origin in the 
political consolidation of the National Republicans and 
the other anti-slave factions about the year 1834. The 
Whig Party in Iowa was organized at Bloomington in 
July, 1840. The territorial election that year resulted 
in the choice of fifteen Democrats and eleven Whigs to the 
house of representatives, and of seven Whigs and six 
Democrats to the council. The Whig Party never had 
a clear-cut statement of principles and was never thor- 
oughly organized. Its history in Iowa as a local party 
was no exception to the history of the party in the nation. 
It advocated one term for the presidency; a sound national 
currency; just protection to American labor; distribution 
of public land proceeds among the states. In 1845, tne 
state Constitution contained a provision which forbade the 
organization of banks for the issuance of paper money. 
The Whigs objected to this, but were unable to change it. 
The only Whig governor elected under the state organi- 
zation was James W. Grimes. 



POLITICAL PARTIES IN IOWA 1 77 

The Republican Party. The Republican Party was the 
successor to the Whigs and the other political factions 
opposed to the further extension of slavery. It originated 
in meetings held in Wisconsin and Michigan during the 
year 1854. It became a state party in some of the north- 
west states during 1854 and made its first entrance into 
National politics in the campaign and election of 1856. 
In 1855, James W. Grimes, who had been elected gov- 
ernor on the Whig ticket of 1854, began a systematic cam- 
paign in Iowa to unite the factions of the anti-slave parties 
into a solid formation. This resulted in the following 
year in the Republican Party of Iowa, which had as its 
chief political principle "no interference with slavery 
where it exists, but no further extension of slave territory." 
Governor Grimes, the organizer of the party, came to 
be known as the "Father of Republicanism in Iowa." 
The Party platform in Iowa in 1856 declared in favor of 
the liberty of the people, the sovereignty of the states and 
the perpetuity of the Union. It declared that the agents 
of the Federal Government alone should construe the 
powers of the Constitution and the acts of Congress. It 
advocated Federal abolition of slavery within Federal 
jurisdiction, and asked the states to abolish slavery within 
their borders. The Republican Party has been in power 
in Iowa since i860, except during four years from 1890-94. 

Other Parties. Besides the Republican and Democratic 
Parties, which have controlled the government of Iowa 
since the beginning, the other present-day parties are: 
the Prohibition Party; the Socialist Party; the People's 
Party; and the Independence Party. Of these various 
parties the Prohibition Party has polled the largest vote 
in recent years. In the election of 1910, the Prohibition 
Party polled 10,120 votes for governor, while the Socialist 
Party followed next in order with 9681. In this same 



178 HISTORY AND GOVERNMENT OF IOWA 

election the Republicans polled 205,653 votes for governor, 
and the Democrats 187,316. 

Later Political Issues. Slavery was the chief issue from 
1854 till the close of the Civil War. The Whigs were 
strongly opposed to the repeal of the Missouri Compro- 
mise as was done by the passage of the Kansas-Nebraska 
Bill. The new Republican Party strongly advocated non- 
extension of slavery. In 1855, a platform was adopted 
advocating the colonization of negroes as the best means 
of settling the slave question. This of course meant they 
should not have equal political rights with the whites. 

The revision of the state Constitution in 1857 was m ade 
a political issue. The Republicans advocated greater 
freedom of election in naming state officers and wished to 
have supreme court judges elected by the people instead of 
chosen by the legislature. In 1858, the Democrats op- 
posed the Republican provision in the Constitution pro- 
viding for the education of both white and colored chil- 
dren. They thought negroes ought not to be admitted 
to the schools. 

The tariff issue has continued to be the leading issue 
between the Democratic and the Republican Parties. 
In general, the Republicans have advocated a tariff for 
protection to home industries in addition to that of furnish- 
ing revenue. The Democrats have held that the govern- 
ment ought to have only such tariff as is necessary to pay 
the running expenses of the government. During the 
recent campaigns the two parties seem to have come much 
closer together on this great issue. Progressive Republi- 
cans advocate a reduction of tariff rates, while the Demo- 
crats approve of a low tariff. 

The sentiment against intemperance gradually increased 
after the close of the Civil War. In the campaigns of 
j 867 and 1868 the contest was sharp between license and 



POLITICAL PARTIES IN IOWA 1 79 

and prohibition. In 1867, the Democrats advocated a 
well-regulated license law, and this plank appeared in the 
Democratic platform for the next twenty years. The 
Republicans favored prohibition, but were not strong 
enough in their support of it to adopt it as an issue. In 
1870, a local option law was enacted, but it was not satis- 
factory to either side, and in 1871 it was declared uncon- 
stitutional. By 1875 the dissatisfaction of the prohibition 
element in both parties became so strong as to cause the 
formation of a third party, since known in Iowa as the 
Prohibition Party. This party has continued to grow 
until it is now strong enough to force the Republicans 
and Democratic Parties to adopt its fundamental princi- 
ples or meet defeat at the poles. In 1894, the Mulct Law 
was enacted, which amended the prohibitory law to the 
extent of permitting local option in towns and counties 
where the people so declare. 



QUESTIONS 

1. Which political parties were printed on the ballot in the 
general election of 191 2? 

2. Which party was in power in National politics when Iowa 
was a territory? 

3. What were the leading political issues in Iowa while it 
was yet a territory ? 

4. Who was the first noted Whig and Republican leader in 
Iowa? 

5. What issues have been prominent in recent politics in 
Iowa? 



CHAPTER XXI. 

POLITICAL PARTY MACHINERY 

Committees. In National politics each political party 
places the interests of the party in the hands of a National 
committee consisting of one member from each state and 
territory. This committee determines the date for hold- 
ing the National nominating convention, raises campaign 
funds, prints and distributes campaign literature, provides 
speakers, organizes political clubs, etc. 

Each party in the state has a similar organization known 
as the state central committee. It consists of one member 
from each Congressional district. The state central 
committee works for the interests of the party in the state 
in about the same manner that the National committee 
works through the several states. The state committee 
tries to carry the state ticket for its party and to win the 
support of the state in the National election. The organi- 
zation is generally carried still further and each county 
has a county committee composed of one member from 
each township. In some instances, the townships choose 
committees to take charge of party interests there. All 
these different committees have the same object in view — 
to carry their party to victory at the general election. 

Methods of Choosing Candidates. Candidates may be 
named or selected by either of three methods — the 
caucus, the convention, or the primary election. A 
caucus is an assemblage of voters of a party for the purpose 
of naming candidates or for choosing delegates to a con- 
vention. A caucus is composed of all voters of a party 

180 



POLITICAL PARTY MACHINERY l8l 

who wish to attend, and is therefore purely democratic in 
character. The caucus is generally held in townships, 
towns, or cities. It is presided over by a chairman, and a 
secretary is selected to take the minutes. The convention 
is an assemblage of delegates who have been chosen to 
represent smaller political bodies, or units of govern- 
ment. It is representative in character and not purely 
democratic. The object of the convention is the same as 
that of the caucus — the naming of candidates for office 
or for choosing delegates to a higher convention. The 
convention generally calls a temporary chairman to the 
chair until a permanent chairman and a secretary are 
chosen. The primary election system of choosing candi- 
dates is where the party holds an election, at which time 
all members of the party may go and vote by ballot for 
the persons of their choice as candidates. The person or 
persons receiving the highest number of votes being the 
candidate of the party. 

Machinery at Work. Five or six months preceding a 
general election, the chairman of the local committee, or a 
leading politician of the party, calls a township or city 
caucus. This is generally done through newspaper an- 
nouncements giving the date and place of the meeting. 
In the townships such meetings are generally held in 
school-houses, while in towns the town halls are selected. 
All voters having voted for the party at the general election 
are recognized as qualified. The meeting is called to 
order and a presiding officer is chosen. The chairman 
then announces the local offices to be filled and the delegates 
to be chosen to the next higher convention. Candidates 
are then selected for the offices to be filled and are gener- 
ally chosen by acclamation. Delegates are then named, 
and comprise as many as the township or town are entitled 
to according to the last general election. Resolutions are 



1 82 HISTORY AND GOVERNMENT OF IOWA 

then presented commending past actions of the party 
and recommendations are made of what principles ought 
to be advocated by the party in the coming campaign. 
The caucus thus described is the only purely democratic 
party organization — the convention next above the 
caucus being representative in character. 

The county convention meets some time after the town 
and township caucuses. The chairman of the county 
central committee determines the time of calling the con- 
vention. This convention formerly nominated the candi- 
dates for county offices, as well as elected delegates to the 
state convention, but since the enactment of the primary 
election law in 1907, candidates for township and county 
offices have been selected by the primary. Other conven- 
tions are held throughout the state, such as district con- 
ventions for selecting of candidates for district judges. 
The state convention consists of delegates chosen by the 
county conventions and is still used to nominate candidates 
for the office of judge of the supreme court, and to choose 
delegates from the state to the party National nominating 
convention. 

The Primary Election. The legislature of 1907 enacted 
the Primary Election Law. It provides that "the candi- 
dates of political parties for all offices which under the 
law are filled by the direct vote of the voters of this state 
at the general election in November (except candidates 
for the office of judge of the supreme, district, and su- 
perior courts), for the office of Senator in the Congress 
of the United States, and for the office of elector of the 
President and the Vice-President of the United States, 
shall be nominated at a primary election, and delegates to 
the county conventions of said political parties or organi- 
zations, and party county committeemen shall be elected 
at said primary election." The law also provides that the 



POLITICAL PARTY MACHINERY 1 83 

election shall be held at the usual voting places of the 
several precincts, on the first Monday in June, 1908, and 
biennially thereafter. The law defines a primary election 
as, "an election by the members of various political parties 
for the purpose of placing in nomination candidates for 
public office, for selecting delegates to conventions, and 
for the selection of party committeemen." A political 
party is defined as "a party, which at the last preceding 
general election, cast for its candidate for governor at least 
two percentum of the total vote cast at said election." 

No candidate for an elective county office shall have 
his name printed upon the official primary ballot of his 
party unless at least thirty days prior to the day fixed for 
holding the primary election a nomination paper shall 
have been filed in his behalf in the office of the county 
auditor; and no candidate for nomination for an elective 
state office, or for representative in the Congress of the 
United States, or member of the general assembly, shall 
have his name printed upon the official primary ballot of 
his party, unless at least forty days prior to such primary 
election a nomination paper shall have been filed in his 
behalf in the office of the secretary of state; and no mem- 
ber of a political party desiring or intending to be a candi- 
date for the office of Senator in the Congress of the United 
States, or a candidate for the office of elector of the Presi- 
dent or the Vice-President of the United States, shall have 
his name printed upon the official primary ballot of his 
party in any election precinct unless at least forty days 
prior to such primary election a nomination paper shall 
have been filed in his behalf in the office of the secretary 
of state. A candidate for an office to be filled by the voters 
of a sub-division of a county shall not be required to file 
any nomination paper or papers. 

A nomination paper for a state office, United States 
Senator, or elector at large, must be signed by at least one 



184 HISTORY AND GOVERNMENT OF IOWA 

percentum of the voters of the party (as shown by the 
returns of the last general election) of such candidates, in 
each of at least ten counties of the state, and in the aggre- 
gate not less than one-half of one percentum of the total 
vote of his party in the state, as shown by the last general 
election; a nomination paper for a Representative in 
Congress, district elector, or senator in the general assem- 
bly in districts composed of more than one county, by at 
least two percentum of the voters of his party, as shown 
by the last general election, in at least one-half of the 
counties of the district, and in the aggregate not less than 
one percentum of the total vote of his party in such dis- 
trict, as shown by the last general election; a nomina- 
tion paper for an office to be filled by the voters of a county, 
by at least two percentum of the party vote in the county, 
as shown by the last general election. 



QUESTIONS 

i. What is the object of the party organization known as 
the National Committee? 

2. What are the advantages of the convention system of 
choosing party candidates? What are the disadvantages? 

3. What are the advantages and disadvantages of the 
primary system? 

4. Who pays the expense of delegates to the National 
nominating conventions? 

5. Describe in full the method of selecting delegates by the 
primary elections. 



CHAPTER XXn. 

SOCIAL AND ECONOMIC LEGISLATION 

Iowa Land Grants. The early economic development 
of Iowa was greatly aided by land grants made by Con- 
gress to the railroad interests of the state. As early as 
1846, Congress granted the alternate sections of land along 
the Des Moines River for a distance of six miles along 
either side for the improvement of the river as a channel 
of navigation. In 1856, Congressional land grants were 
made for the building of four railroads across the state. 
The total amount of land donated for the purpose of 
economic improvement was estimated at 4,394,400 acres. 
These grants of land were an important factor in the civil 
and social development of the state, and offer a partial 
explanation for the very rapid settlement of Iowa and for 
its early material prosperity. The lands thus granted 
were distributed among the different railroads as follows: 

Burlington and Missouri River 292,806 acres 

Mississippi and Missouri River 482,374 acres 

Cedar Rapids and Missouri River 735,997 acres 

Dubuque and Sioux City i> 2 3 2 >359 acres 

McGregor and Sioux City I 37>57 2 acres 

Des Moines Valley 1,105,381 acres 

Sioux City and St. Paul 407,910 acres 

Corporations in the State. Iowa has from the beginning 
maintained a liberal attitude towards corporations. Rail- 
roads, factories, banks, telegraphs, and express companies, 
telephones, and incorporated business firms are flourishing 

185 



1 86 HISTORY AND GOVERNMENT OF IOWA 

under Iowa law. The state has, however, maintained a 
considerable supervisory control over such business corpo- 
rations as are most closely related to the people's interests. 
Insurance companies, loan and trust companies, building 
and loan associations must submit to state supervision by 
the auditor. Railroads, telegraphs, telephones and ex- 
press companies must have their charters registered with 
the state and submit their franchises to taxation by the 
state. Certain kinds of health and accident associations 
are prohibited, while some kinds of corporations for pecu- 
niary profit can only be created after the law creating them 
has been referred to and accepted by a vote of the people. 

Labor Legislation. In recent years, the people of Iowa, 
have rapidly become a business and manufacturing 
people as well as an agricultural people. The working 
classes have come to demand special legislation protecting 
their interests and their welfare. The relations between 
capital and labor are becoming more urgent in demanding 
legislation defining the rights and privileges of each. 
The legislature has enacted laws determining the hours of 
labor and the age at which children may be employed. 
Laws also exist relative to the employment of women in 
factories, and relative to the securing of safe and sanitary 
conditions in factories. Factory operators may be held 
liable for accidents arising through negligence of the 
owner or through the use of unsafe machinery. Labor 
unions for the protection of the laborer's rights and privi- 
leges exist throughout the state. Laws exist for the sup- 
pression of riots, strikes, and lockouts, and when neces- 
sary the organized militia of the state may be called out 
to protect property and to assist the civil authority in main- 
taining order. 

Organized Charity. During the year 1904, the different 
counties of Iowa spent $960,275 for poor relief, not includ- 



SOCIAL AND ECONOMIC LEGISLATION 1 87 

fng the soldier's relief fund, nor did it include the large sum 
expended that year by private individuals, lodges, churches 
and general charity organizations. About forty towns 
and cities in Iowa have organized charity associations 
under various names, while the King's Daughters, Woman's 
Christian Temperance Union, Woman's Relief Corps, 
Silent Ministry and other similar organizations do charity 
work in many places having regular organized charity. 
Such cities as Des Moines, Davenport, Burlington, Coun- 
cil Bluffs, Keokuk and others, have regular paid secre- 
taries to take charge of charity work. In such cities the 
work is done on a systematic basis and great saving in the 
amount of money given has resulted, as well as a much 
better and wiser distribution to the deserving. 

In addition to the above voluntary organizations, the 
state maintains hospitals for the insane and the feeble- 
minded, and for inebriates, schools for the deaf and the 
blind, homes for orphan children, county farms for the 
poor in each county, and through the county supervisors 
and the township trustees material assistance in the form 
of money and supplies is given to the poor. 

Health Legislation. Modern governments consider it a 
duty of the state to protect the health of its citizens as well 
as to protect their liberties. The state law has provided 
a Board of health whose duty it is to inspect the water sup- 
ply of cities, make rules concerning the quarantine of con- 
tagious diseases, compel vaccination to prevent the spread 
of disease, compel the observance of sanitary regulations, 
etc. Foods are now analyzed and inspected and labeled 
as to composition; drinking water may be sent to the state 
chemist for analysis ; legislation is enacted concerning pub- 
lic drinking cups, construction of fire-escapes required; 
doors on public buildings must swing out, and various 
other regulations are provided to insure greater safety to 



1 88 HISTORY AND GOVERNMENT OF IOWA 

the individual. The state no longer hesitates to compel 
the individual to abide by laws for the better health and 
sanitary regulations of the community. 

Protection of Morals. It is difficult to legislate effec- 
tively on morals. The morals of a community will not 
rise higher than the public sentiment will support. Public 
sentiment depends almost entirely upon the character 
of the individuals living in the community. It is the aim 
of the state to legislate concerning such actions of the 
people as are injurious to the better life of the community, 
and to lay down rules and regulations for the control of 
such persons as do not of their own accord realize their 
personal responsibility to the community life. 

Laws have been enacted preventing the carrying of fire- 
arms, the desecration of the Sabbath, the using of profane 
language in public places, and the exercise of such prac- 
tices as tend to lower or destroy the good character of 
others. Sunday dancing, shooting, hunting, horse-racing, 
baseball playing and other similar amusements are for- 
bidden by law. In 1907, the legislature passed an act pro- 
hibiting baseball games, horse racing, and other similar 
sports on Memorial Day before three o'clock in the after- 
noon. Prize fighting in Iowa is punishable by a fine of 
not less than $100 or more than $1000. The enforcement 
of all such laws as the above depends much upon the public 
sentiment of the community. 

Natural Resources. The rapid depletion of our 
natural resources has caused the people of Iowa to enact 
legislation for the purpose of preserving what is left of 
forests, minerals, water power, wild game, etc. Arbor 
Day is now observed in practically all of the public schools, 
and the spirit of tree planting is rapidly spreading among 
the people of the state until many farmers are starting 
large groves on waste lands. Laws have been enacted 



SOCIAL AND ECONOMIC LEGISLATION 1 89 

preventing the taking of game fish from the streams of 
Iowa, except during the proper season. Quails, prairie 
chickens and other wild game, cannot be killed during 
the brooding season. Every year the Federal Govern- 
ment furnishes the state with millions of small fish with 
which to stock the streams, and the state maintains fish 
hatcheries for the raising and distributing of fish. Eng- 
lish pheasants and Hungarian partridges have been 
brought to the state by the game warden and turned loose 
in various counties. Education in the grades and rural 
schools has done much to interest children in the song birds 
and birds of plumage, and is aiding much in the preven- 
tion of their wanton destruction. 



QUESTIONS 

1. What effect did the railroad land grants have upon the 
development of the state? 

2. What are the leading railroad lines across the state of 
Iowa to-day? 

3. Why should corporate enterprises be subject to legal 
restrictions? 

4. Do you believe in organized labor ? Why? Do you be- 
lieve in organized capital? Why? 

5. Has this county any form of organized charity? If so, 
what? 

6. Does the law prohibiting the carrying of firearms con- 
travene the provisions of the Constitution of the United States 
giving the people the right to keep and bear arms? 

7. What is meant by the conservation of natural re- 
sources? 



CHAPTER XXIII. 

TAXATION 

Necessity of Taxation. Government is for the protec- 
tion of the privileges and rights of the people. Pros- 
perity, happiness and contentment, can rule only where 
people feel secure in person, and know their personal 
rights and privileges are carefully guarded. In order that 
government may be effective in thus serving the people, 
a great amount of governmental machinery must be 
maintained. Executive officers by thousands are needed 
to administer the government. Legislators almost as 
numerous must make the laws. Judges in nation, state, 
district, county and municipality must interpret law and 
punish offenses. All of these officers must receive a just 
compensation. Salaries of officers in some states amount 
to millions of dollars each year. Public roads must be 
made and kept in repair, bridges built, streets paved, 
public buildings erected, charitable and penal institutions 
maintained, schools supported and the general moral and 
intellectual interests of the community provided for. All 
of this costs an enormous amount of money each year. 
People ought, in return for these privileges, pay the expenses 
of maintaining government. In order that each person 
may pay proportionately to the assistance he receives, some 
method must be used to make such apportionment. Taxa- 
tion is the only means by which governments may exist. 
Furthermore, if taxes are justly imposed, they furnish 
the best means of apportioning the cost of government 

among the people. 
190 



TAXATION I9I 

Kinds of Taxes. Taxes are divided into two general 
classes — direct and indirect. A direct tax is a tax paid 
by the individual to the government directly. It may be 
either a sum of money or an amount of labor, rendered 
directly to the government. An indirect tax is a tax paid 
as a portion of the cost of the article. It is paid by the 
consumer, who pays the tax as a part of the cost price, and 
often without thinking, or even knowing, that he pays tax. 
Poll tax, land tax, and property tax are good examples of 
direct taxes. Duties, imposts, and excise taxes are ex- 
amples of indirect taxes. At present, in the United States, 
direct taxes are levied by state and municipal authority. 
Congress has levied direct taxes on only five occasions in 
our history. The people of the states do not pay Federal 
taxes as we commonly consider the term tax. The ex- 
penses of the Federal Government are paid by duties, 
imposts and excises. It is only with direct taxes that we 
are dealing in this chapter. 

The Process of Taxation. The first step in the process 
of taxation is making the tax levy. By making the tax 
levy we mean determining the amount to be raised, or the 
amount of tax necessary to pay the expenses of the state 
during a certain period. This is done in the following 
manner. The state legislature determines the amount to 
be raised for state purposes. This is based largely upon 
the required expenditure of the previous year. It is a very 
complex problem and must be carefully worked out by a 
committee chosen for that purpose. The local Board of 
supervisors of each county makes a careful estimate of the 
necessary expenses to run the county for the next year. 
This amount is also based largely upon the necessary ex- 
penses of the previous year. The township trustees in 
turn estimate the amount of money necessary to pay the 
running expenses of the township. The council in the 



I92 HISTORY AND GOVERNMENT OF IOWA 

city or town determines the amount to be raised for the 
support of the municipality. Each of these authorities 
determines the amount of revenue for that local unit and 
also determines the amount of taxable property, from the 
assessors' books, in that unit. These facts are submitted 
to the county auditor, who adds to the tax required for the 
expenses of each town, city, and township, the tax of the 
county and that of the state, and then determines the 
millage for each township and for each town and city. 

The second step in the process of taxation is the assess- 
ment of property, which is done by the assessors in the 
towns and townships. The assessor must assess every 
person of age within his assessment district. Women 
who possess neither real estate nor personal property have 
no taxes. Every male citizen between the ages of twenty- 
one and forty-five years must pay poll tax in addition to 
real estate and personal property taxes unless exempt 
for cause. It is the duty of the assessor to find all taxable 
property in his district, and to estimate its cash value. In 
Iowa, property is listed at its cash value and is taxed for 
one-fourth that value. 

The third step in taxation is the equalization of taxes. 
Each unit of government has a Board whose duty it is to 
hear complaints and to make proper adjustments known 
as equalization of taxes. In the township this Board is 
the Board of trustees; in the towns or cities, the council; 
in the county, the Board of supervisors ; and for the state, 
the executive council. These Boards have the power 
of raising or lowering the assessments, with the right of the 
aggrieved parties to appeal to the courts. 

' The fourth step is the collection of taxes. The county 
treasurer is the collector of all taxes. The assessors re- 
port to the Boards of eeualization, who in turn send the 
assessors' lists of all taxable property to the county auditor. 
The auditor prepares the tax list from the assessors' books 



TAXATION 193 

The tax list consists of the names of all persons in the 
county subject to taxes and the amount each must pay. 
The auditor then turns the tax list over to the county 
treasurer, who is the collector of all taxes. It is the duty of 
every person who has taxes to pay to call at the office of 
the county treasurer, or at the office of one of his deputies, 
and pay his taxes. Taxes may be paid in either one or 
two installments. They may be paid in full between the 
first Monday in January and the first day of March. They 
may be paid in two installments, one-half before the first 
day of March and the second half before the first day of 
September. The first half becomes delinquent on the 
first day of April, and the second the first day of October. 
If taxes are not paid before they become delinquent, they 
draw interest at the rate* of one per cent per month until 
paid. On the first Monday in December, the county 
treasurer offers for sale all real estate upon which de- 
linquent taxes remain unpaid. 

Difficulties of Taxation. The present system of taxa- 
tion is not altogether satisfactory. One difficulty is in the 
work of the assessor. If he is not well experienced and 
quite rigid in his investigations, the tax-payer may take 
advantage of him and give in a valuation lower than what 
is correct. Secondly, it is difficult to know whether the 
taxpayer's own estimate is correct, however conscientious 
he may be. Thirdly, a very large amount of property is 
held in stocks, bonds, mortgages, and other similar securi- 
ties, which are difficult to find if the owner omits them or 
refuses to list them. Furthermore, such property as is 
purchased after the first of January is not taxable to the 
person holding it if disposed of before the first day of the 
next January. In 191 1, the legislature provided for a 
tax commission, to be appointed by the governor, to investi- 
gate the subject of taxation in Iowa and to recommend to 
the state a more equitable method of taxation. 



194 HISTORY AND GOVERNMENT OF IOWA 

Exemption from Taxation. Federal property located 
in the states, such as post-office buildings, forts, arsenals, 
etc., cannot be taxed by the states. Neither do states tax 
their own state property, such as capital buildings, court 
houses, public buildings of the county, etc. The property 
of religious, benevolent, scientific and literary institutions 
is generally exempt. Such property includes churches, 
asylums, public sanitariums and hospitals, schools, li- 
braries, etc. The state may, however, tax these institu- 
tions, and it sometimes happens that local authorities do 
tax them. A mechanic's tools, a teamster's team and 
wagon, a workman's material equipment whereby he 
earns his living, and a professional man's working library 
are not subject to taxation. Young livestock under a 
certain age is exempt. Honorably discharged soldiers 
and sailors are allowed an exemption of personal property 
to the extent of $1200. 



QUESTIONS 

1. Is the principle of taxation a just principle of govern- 
ment? 

2. What is meant by a graduated tax ? 

3. What is meant by single tax system ? 

4. Ought a man owning $20,000 worth of property pay a 
higher rate of interest on the second $10,000 than on the first 
$10,000 ? 

3. Define direct tax, indirect tax, customs, tariffs, poll tax, 
inheritance tax, income tax, road tax. 

6. Do the citizens of Iowa pay any direct taxes for the sup- 
port of the Federal Government. 

7. Is a man honest who knowingly tells the assessor that his 
property is worth less than it really is? 

8. Trace out the entire process of levying and collecting 
taxes. 



OTHER IMPORTANT LEGISLATION ENACTED 

BY GENERAL ASSEMBLY OF IOWA DURING 

THE YEARS 1913 AND 1915 

Employers' Liability and Workmen's Compensation 
Act. 1913. The acceptance of the terms of the Act 
is optional with both employer and employee — except 
when the State or any of its political sub-divisions is 
the employer, in which case it is compulsory and obli- 
gatory upon both employer and employee. 

When the employer elects to comply with the pro- 
visions of the new law, he is then liable for injuries 
sustained to his employees only to the extent of the 
provisions of the law. These provisions are definitely 
stated and the various injuries apt to be suffered by an 
employee are mentioned and the amount of money he 
may receive because of such injury. 

This law practically compels the employer to carry 
accident insurance on all of his employees. 

If the employer elects to reject the law and its pro- 
visions, he is then held liable for injuries to his employees 
according to the amount of injury or damage as assessed 
by a jury in a court trial. The employer is then liable 
under the assumption of risk rule, the fellow servant 
rule, or the doctrine of contributory negligence rule. 

The State Highway Commission. It was established 
by the General Assembly of 1913 and was revised in 1915. 
The Commission consists of three members one of whom 
is the dean of engineering at the State College, and the 
other two to be appointed by the governor. The term 
of office is four years and the salary is ten dollars per 
day not to exceed one thousand dollars per year for the 
two appointed members, and actual expenses for all 

194a 



members. The duties of this Commission are to devise 
and adopt plans of highway construction suited to differ- 
ent parts of the State and to co-operate with the County 
supervisors and engineers in the improvement of roads. 
The act provides for the designation of certain roads as 
County roads to be improved at County expense. All 
roads which lead to schools or are mail routes, must be 
dragged. Ninety per cent of all money paid by owners 
of motor vehicles to the State must be returned to the 
Counties in proportion to the number of townships in 
each County. Not to exceed ten per cent of the money 
paid to the Counties must be turned over to the cities 
and towns in proportion to the mileage of roads in them . 

The Weed Law. Passed by the General Assembly 
of 1913, and amended in 1915. The owners or persons 
in control of any and all lands in the State must destroy 
the noxious weeds on said lands and on the adjoining 
highways before they mature, and must also cut all 
weeds upon such highways between July 1 and August 1 
of each year. The following weeds are declared to 
be noxious; quack grass, Canada thistle, cocklebur, 
wild mustard, sour or curled dock, smooth dock, buck- 
horn or ribbed plantain, wild parsnip, horse nettle, 
velvet weed or button weed, burdock, shoofly, wild 
carrot, Russian thistle. If the owner of such land does 
not comply with the law the officers of the township or 
of the town or city shall destroy the weeds and charge 
the expense against the land in the form of taxes. The 
law of 1913 requires all railroad corporations to clear 
their right of way of weeds in the same manner as 
private owners. 

Child Welfare. The General Assembly of 1915 
passed a law providing that children under fourteen 
years of age are prohibited from working in a livery 
stable, garage, place of amusement, or in the distribu- 
tion or transmission of merchandise or messages, unless 

194b 



such establishment or occupation is owned or operated 
by their parents. 

No person under sixteen years of age can be employed 
in any of the places in which children under fourteen 
years of age are forbidden to work, before seven a. m. 
nor after six p. m., nor for more than eight hours in any 
one day, nor for more than forty-eight hours in any 
one week. 

No boy under eleven nor girl under eighteen shall be 
employed, permitted, or suffered to work at any time 
in any city of ten thousand inhabitants in or in connec- 
tion with the street occupations of peddling, boot-black- 
ing, the distribution or sale of newspapers, magazines, 
periodicals or circulars, nor in any other occupation in 
any street or public place. 

Anti-Tipping Law. Enacted by the Legislature in 
1915; provides that every employee of any hotel, res- 
taurant, barber shop, or other public place, and every 
employee of any person, firm, partnership, or corpora- 
tion, or of any public service corporation carrying 
passengers who shall accept or solicit any gratuity, tip 
or other thing of value or of valuable consideration, 
from any guest or patron, shall be guilty of a misde- 
meanor, and upon conviction thereof shall be fined not 
less than five dollars, or more than twenty-five dollars, 
or be imprisoned in the County jail not exceeding 
thirty days. Any person offering or giving a tip or 
gratuity to another person shall be guiity of a misde- 
meanor and shall be subject to punishment as above. 

Epidemics. An act of the Legislature of 1915 pro- 
vides that whooping cough, measles, mumps, and 
chicken pox must now be reported to the local Board of 
Health, and a warning card bearing the name of the 
disease must be placed on the house of the patient. 
This is declared not to be a quarantine, but only a 
warning. 

194c 



APPENDIX 



IOWA EDUCATIONAL INSTITUTIONS 

State University of Iowa. Iowa City. 

Iowa State Teachers College. Cedar Falls. 

Iowa State College of Agriculture and Mechanic Arts. Ames. 

State College for the Blind. Vinton. 

State School for the Deaf and Dumb. Council Bluffs. 

Amity College. College Springs. 

Buena Vista College, Storm Lake. 

Central College. Pella. 

Charles City College. Charles City. 

Coe College. Cedar Rapids. 

Cornell College. Mount Vernon. 

Des Moines College. Des Moines. 

Drake University. Des Moines. 

Ellsworth College. Iowa Falls. 

Graceland College. Lamoni. 

Highland Park College. Des Moines. 

Grinnell College. Grinnell. 

Iowa Wesleyan College. Mount Pleasant. 

Leander Clark College. Toledo. 

Lenox College. Hopkinton. 

Luther College. Decorah. 

Morningside College. Sioux City. 

Oskaloosa College. Oskaloosa. 

Parsons College. Fairfield. 

Penn College. Oskaloosa. 

Simpson College. Indianola. 

St. Joseph College. Dubuque. 

Upper Iowa College. Fayette. 

Wartburg College. Clinton. 

Western Normal College. Shenandoah. 

Western Union College. Lemars. 

195 



CONSTITUTIONAL CONVENTIONS OF IOWA 



THIRD CONSTITUTIONAL CONVENTION 

Convened at Iowa City, January 19, 1857. Adjourned March 5, 1857. 



i 


COUNTIES 


NAMES OF MEMBERS 


1 


Lee 


Edward Johnstone, William Patterson. 


2 


Lee and Van Buren . 


Squire Ayers. 


3 

4 


Van Buren 


Timothy Day. 

Jonathan C. Hall, Moses W. Robinson. 


Des Moines 


s 


Davis 


David P. Palmer. 


6 


Jefferson 


James F. Wilson. 


7 


Henry 


Rufus L. B. Clarke. 


8 


Wapello 


George Gillaspy. 





Monroe, Lucas and 






Clarke 


John Edwards. 


10 


Appanoose, Wayne, 






and Decatur 


Amos Harris. 


11 


Fremont, Mills, Page, 
Taylor, Montgom- 
ery, Ringgold, 






Adams and Union 


Daniel H. Solomon 


12 


Pottawattamie, Harri- 
son, Shelby, Wood^ 
bury, Monona, 
Audubon, Crawford, 
Carroll, Calhoun, 
Sac, Ida, Cherokee, 
Buena Vista, Poca- 
hontas, Palo Alto, 
Emmet, Clay, Dick- 
inson, Osceola, 
O'Brien, Plymouth, 






Sioux, Buncombe . . 


Daniel W. Price. 


13 


Louisa 


Francis Springer. 


14 


Washington 


David Bunker. 


IS 


Keokuk 


Jeremiah Hollingswortk, 


16 


Mahaska 


James A. Young. 


17 


Marion 


Hiram D. Gibson. 


18 


Warren, Madison, 






Adair, and Cass . . . 


Lewis Todhunter. 


IQ 


Muscatine 


John A. Parvin. 


20 


Johrison and Jones . . 
196 


William Penn Clarke. 



APPENDIX 



197 



COUNTIES 



NAMES OF MEMBERS 



34 



Scott 

Cedar 

Clinton 

Linn 

Linn, Benton, Black 
Hawk and Buchanan 

Poweshiek, Jasper, 
Marshall and Tama 

Polk, Dallas and 
Guthrie 

Jackson 

Jackson and Jones . . . 

Dubuque 

Dubuque and Dela- 
ware 

Clayton 

Fayette, Bremer, But- 
ler, Franklin, 
Grundy, Hardin, 
Wright, Webster, 
Boone, Story, Greene. 
Allamakee, Winne- 
shiek and Humboldt. 

Howard, Chickasaw, 
Mitchell, Floyd, 
Worth, Cerro Gordo, 
Hancock, Winne- 
bago, Bancroft and 
Kossuth 



George W. Ells. 
Robert Gower. 
Aylett R. Cotton. 
Hosea W. Gray. 

James C. Traer. 

Harvey J. Skiff. 

Thomas Seeley. 
William A. Warren. 
Albert H. Marvin. 
John H. Emerson. 

John H. Peters. 
Alpheus Scott. 



Sheldon G. Winchester. 



John T. Clark. 



Francis Springer, elected president January 20. 

Thomas J. Saunders, elected secretary January 20. 

The Constitution adopted by this convention was sanctioned by the 
people at an election held on the 3d day of August, 1857, there being 
40,311 votes cast "For the Constitution, "and 38,681 votes cast "Against 
the Constitution," and took effect by proclamation of the governor 
September 3, 1857. 









SUMMARY OF AMENDMENTS TO THE 
CONSTITUTION 

By proper legislative action (n G. A., chap. 98, and 12 G. 
A., joint res. No. XI), by vote of the people, November 3, 1868, 
and proclamation of the governor December 8, 1868. 

First — Strike the word "white" from Section 1 of Article 

II thereof. 

Second — Strike the word "white" from Section 33 of 
Article III thereof. 
Third — Strike the word "white" from Section 34 of Article 

III thereof. 

Fourth — Strike the word "white" from Section 35 of Arti- 
cle III thereof. I 

Fifth — Strike the word "white" from Section 1 of Article 
VI thereof. 

By proper legislative action (17 G. A., joint res. No. 5, and 

18 G. A., joint res. No. 6), by vote of the people, November 2, 
1880, and certificate of the Board of state canvassers, Decem- 
ber 3, 1880. 

Strike out the words "free white" from the third line of Sec- 
tion 4 of Article III of said Constitution, relating to the legis- 
lative department. 

By proper legislative action (18 G. A., joint res. No. 8, and 

19 G. A., joint res. No. 8), by vote of the people, June 27, 1882, 
and certificates of the Board of state canvassers, July 28, 1882. 

Section 26. No person shall manufacture for sale, or sell, or 
keep for sale, as a beverage, any intoxicating liquors whatever, 
including ale, wine and beer. The general assembly shall by 
law prescribe regulations for the enforcement of the prohibi- 
tion herein contained, and shall thereby provide suitable penal- 
ties for the violation of the provisions hereof. 

[The supreme court, April 21, 1883, in the case of Koehler & Lange 
vs. Hill, reported in 60th Iowa, page 543, held that the amendment, 
Section 26, as submitted to the electors, did not become a part of the 
Constitution.] 

By proper legislative action (19 G. A., joint res. No. 12, and 
198 



APPENDIX 199 

20 G. A., joint res. No. 13), by vote of the people, November 
4, 1884, and certificate of the Board of state canvassers, De- 
cember 10, 1884. 

Amendment 1. The general election for state, district, county 
and township officers shall be held on the Tuesday next after 
the first Monday in November. 

Amendment 2. At any regular session of the general assent 
bly, the state may be divided into the necessary judicial districts 
for district court purposes, or the said districts may be reor- 
ganized and the number of the districts and the judges of said 
courts increased or diminished; but no reorganization of the 
districts or diminution of the judges shall have the effect of re- 
moving a judge from office. 

Amendment 3. The grand jury may consist of any number 
of members not less than five, nor more than fifteen, as the 
general assembly may by law provide, or the general assembly 
may provide for holding persons to answer for any criminal 
offense without the intervention of the grand jury. 

Amendment 4. That Section 13 of Article V of the Constitu- 
tion be stricken therefrom, and the following adopted as such 
Section: 

Section 13. The qualified electors of each county shall, at 
the general election in the year one thousand eight hundred and 
eighty-six, and every two years thereafter, elect a county at- 
torney, who shall be a resident of the county for which he is 
elected, and shall hold his office for two years, and until his 
successor shall have been elected and qualified. 

By proper legislative action (29 G. A. joint res. No. 2, and 
30 G. A. joint res. No. 2), by vote of the people November 
eighth, one thousand nine hundred and four, and certificate 
of the Board of state canvassers, November twenty-ninth, one 
thousand nine hundred and four. 

That Sections 34, 35, and 36, of Article III of the Constitu- 
tion of the State of Iowa, be repealed and the following be 
adopted in lieu thereof: 

Sec. 34. The senate shall be composed of fifty members to be 
elected from the several senatorial districts, established by law 
and at the next session of the general assembly held following 
the taking of the state and national census, they shall be ap- 
portioned among the several counties or districts of the state, 
according to population as shown by the last preceding census. 
Sec. 35. The house of representatives shall consist of not 



200 HISTORY AND GOVERNMENT OF IOWA 

more than one hundred and eight members. The ratio of 
representation shall be determined by dividing the whole num- 
ber of the population of the state, as shown by the last preceding 
state or national census, by the whole number of counties then 
existing or organized, but each county shall constitute one repre- 
sentative district and be entitled to one representative, but each 
county having a population in excess of the ratio number, as 
herein provided of three-fifths or more of such ratio number 
shall be entitled to one additional representative, but said addi- 
tion shall extend only to the nine counties having the greatest 
population. 

Sec. 36. The general assembly shall, at the first regular 
session held following the adoption of this amendment, and 
at each succeeding regular session held next after the taking 
of such census, fix the ratio of representation, and apportion 
the additional representatives, as herein before required. 

By proper legislative action (29 G. A. joint res. No. 5, and 
30 G. A. joint res. No. 1) by vote of the people November 
eighth, one thousand nine hundred and four, and certificate 
of the Board of state canvassers, November twenty-ninth, 
one thousand nine hundred and four. 

* Add as Section 16, to Article XII of the Constitution, the 
following: 

Sec. 16. The first general election after the adoption of this 
Amendment shall be held on the Tuesday next after the first 
Monday in November in the year one thousand nine hundred 
and six, and general elections shall be held biennially there- 
after. In the year one thousand nine hundred and six there 
shall be elected a governor, lieutenant-governor, secretary of 
state, auditor of state, treasurer of state, attorney-general, two 
judges of the supreme court, the successors of the judges of the 
district court whose terms of office expire on December 31st, 
one thousand nine hundred and six, state senators who would 
otherwise be chosen in the year one thousand nine hundred and 
five, and members of the house of representatives. The terms 
of office of the judges of the supreme court which would other- 

* Practically the same amendment was adopted by the people Novem- 
ber 6, 1900, but the supreme court, February 1, 1901, in the case of the 
State of Iowa ex rel Marsh W. Bailey vs. S. W. Brookhart, respondent, 
appellant, held that the amendment, Section 16, was not proposed and 
adopted as required by the Constitution, and did not become a part 
thereof. 



APPENDIX 20I 

wise expire on December 31st, in odd-numbered years, and all 
other elective state, county and township offices whose terms of 
office would otherwise expire in January in the year one 
thousand nine hundred and six, and members of the general as- 
sembly whose successors would otherwise be chosen at the 
general election in the year one thousand nine hundred and 
five, are hereby extended one year and until their successors are 
elected and qualified. The terms of office of senators whose 
successors would otherwise be chosen in the year one thousand 
nine hundred and seven are hereby extended one year and until 
their successors are elected and qualified. The general assem- 
bly shall make such changes in the law governing the time of 
election and terms of office of all other elective officers as shall 
be necessary to make the time of their election and terms of 
office conform to this Amendment, and shall provide which of 
the judges of the supreme court shall serve as chief justice. 
The general assembly shall meet in regular session on the 
second Monday in January, in the year one thousand nine 
hundred and six, and also on the second Monday in January in 
the year one thousand nine hundred and seven, and biennially 
thereafter. 

By proper legislative action (31 G. A. joint res. No. 1 and 32 
G. A. joint res. No. 2), by vote of the people November third, 
one thousand nine hundred and eight, and certificate of the 
state Board of canvassers, November twenty- third, one thou- 
sand nine hundred and eight. 

Add to Section 18 of Article I of the Constitution the follow- 
ing: 

The general assembly, however, may pass laws permitting 
the owners of lands to construct drains, ditches, and levees for 
agricultural, sanitary or mining purposes across the lands of 
others, and provide for the organization of drainage districts, 
vest the proper authorities with power to construct and main- 
tain levees, drains and ditches and to keep in repair all drains, 
ditches and levees heretofore constructed under the laws of the 
state, by special assessments upon the property benefited 
thereby. The general assembly may provide by law for the 
condemnation of such real estate as shall be necessary for the 
construction and maintenance of such drains, ditches and 
levees, and prescribe the method of making such condemnation. 



202 



HISTORY AND GOVERNMENT OF IOWA 



DISTRICT COURTS OF IOWA 

The district court holds four terms of court a year in each 
county in the state. 

The judges of the district court are elected by the people for 
four years. Salary, $3500 per year. 

The counties composing the various districts and the num- 
ber of judges in each district follow : 



First 

Second 

Third 

Fourth 

Fifth 

Sixth 

Seventh 

Eighth 

Ninth 

Tenth 

Eleventh. . . 

Twelfth . . . 

Thirteenth . . 

Fourteenth . 

Fifteenth ; . . 

Sixteenth . . . 

Seventeenth . 
Eighteenth . . 
Nineteenth . 
Twentieth . . 
Twenty-first 



COUNTIES 



Lee 

Appanoose,Davis, Jefferson, Lucas, Monroe, 
Van Buren, and Wapello 

Adams, Clarke, Decatur, Ringgold, Taylor, 
Union, and Wayne 

Monona and Woodbury 

Adair, Dallas, Guthrie, Madison, Marion, 
and Warren 

Jasper, Keokuk, Mahaska, Poweshiek, and 
Washington 

Clinton, Jackson, Muscatine, and Scott 

Iowa and Johnson 

Polk 

Black Hawk, Buchanan, Delaware, and 
Grundy 

Boone, Franklin, Hamilton, Hardin, Story, 
Webster, and Wright 

Bremer, Butler, Cerro Gordo, Floyd, Han- 
cock, Mitchell, Winnebago, and Worth 

Allamakee, Chickasaw, Clayton, Fayette, 
Howard, and Winneshiek 

Buena Vista, Clay, Dickinson, Emmet, Hum- 
boldt, Kossuth, Palo Alto, and Poca- 
hontas 

Audubon, Cass, Fremont, Harrison Mills, 
Montgomery, Page, Pottawattainie,and 
Shelby 

Calhoun, Carroll, Crawford, Greene, Ida, 
and Sac 

Benton, Marshall, and Tama 

Cedar, Jones, and Linn 

Dubuque 

Des Moines, Henry, and Louisa 

Cherokee, Lyon, O'Brien, Osceola, Ply- 
mouth, and Sioux 



NUMBER 
OF JUDGES 



APPENDIX 203 



PRESIDENTIAL ELECTORS 

FROM THE "CODE" OF IOWA OF 1 879 

Section 1173. Election of. At the general election in the 
years of the presidential election, or at such times as the Con- 
gress of the United States may direct, there shall be elected 
one person from each congressional district into which the state 
is divided, as elector of president and vice-president, and two 
from the state at large, no one of whom shall be a person hold- 
ing the office of Senator or Representative in Congress, or any 
office of profit or trust under the United States. Such election 
shall be conducted, and the canvass of the votes and the returns 
thereof made, in the same manner as for state officers and repre- 
sentatives in Congress. 

Sec. 1 1 74. Meeting; Certificate. The presidential 
electors shall meet in the capitol, at the seat of government, at 
noon of the second Monday in January after their election, or 
so soon thereafter as practicable. If, at the time of such meet- 
ing, any elector for any cause is absent, those present shall at 
once proceed to elect, from the citizens of the state, a substitute 
elector or electors, and certify the choice so made to the gov- 
ernor, and he shall immediately cause the person or persons so 
selected to be notified thereof. 

Sec. 1 175. Certificate of the Governor. When so 
met the said electors shall proceed, in the manner pointed out 
by law, with the election, and the governor shall duly certify 
the result thereof, under the seal of the state, to the United 
States Secretary of State, and as required by act of Congress 
relating to such elections. 

Sec. 1 1 76. Compensation. The electors shall each re- 
ceive a compensation of five dollars for every day's attendance, 
and the same mileage as members of the general assembly. 



204 



HISTORY AND GOVERNMENT OF IOWA 



COUNTIES IN I 


OWA, AREA, D^ 


VTE OF ESTAB 


LISHMENT 




AND POPULATION 










POPULATION 


ESTABLISHMENT 


NAME 


AREA SQ. MILES 


I91O 


1851, Jan. 15 


Adair 


57 6 


14,420 


1851, Jan. 15 


Adams 


432 


10,998 


1847, Feb. 20 


Allamakee 


6lS 


I7>328 


1843, Feb. 17 


Appanoose 


500 


28,701 


1851, Jan. 15 


Audubon 


432 


12,671 


1837, Dec. 21 


Benton 


720 


23.I5 6 


1843, Feb. 17 


Blackhawk 


576 


44,865 


1846, Jan. 13 


Boone 


576 


27,626 


1851, Jan. 15 


Bremer 


432 


15,843 


1837, Dec. 21 


Buchanan 


576 


19,748 


1851, Jan. 15 


Buena Vista 


576 


15,981 


1851, Jan. 15 


Butler 


576 


17,119 


1851, Jan. 15 


Calhoun 


576 


17,090 


185 1, Jan. 15 


Carroll 


576 


20,117 


185 1, Jan. 15 


Cass 


576 


19,047 


1837, Dec. 21 


Cedar 


576 


I7>76S 


1851, Jan. 15 


Cerro Gordo 


576 


25,OH 


1851, Jan. 15 


Cherokee 


576 


16,741 


1851, Jan. 15 


Chickasaw 


5°4 


!5,375 


1846, Jan. 13 


Clark 


432 


10,736 


1851, Jan. 15 


Clay 


576 


12,766 


1837, Dec. 21 


Clayton 


745 


25,576 


1837, Dec. 21 


Clinton 


680 


45,394 


1851, Jan. 15 


Crawford 


720 


20,041 


1846, Jan. 13 


Dallas 


576 


23,628 


1843, Feb. 17 


Davis 


500 


i3,3i5 


1846, Jan. 13 


Decatur 


534 


16,347 


1837, Dec. 21 


Delaware 


576 


17,888 


1834, Sept. 6 


Des Moines 


400 


36,145 


1857, Jan. 15 


Dickinson 


408 


8,i37 


1834, Sept. 6 


Dubuque 


604 


57,45o 


1851, Jan. 15 


Emmet 


408 


9,810 


1837, Dec. 21 


Fayette 


720 


27,919 


1851, Jan. 15 


Floyd 


504 


17,119 


1851, Jan. 15 


Franklin 


576 


14,780 


1847, Feb. 24 


Fremont 


514 


15,623 


1851, Jan. 15 


Greene 


57° 


16,023 


1851, Jan. 15 


Grundy 


5°4 


J 3,574 


185 1, Jan. 15 


Guthrie 


576 


!7,374 


1856, Dec. 22 


Hamilton 


576 


19,242 


1851, Jan. 15 


Hancock 


576 


I2 ,73! 


185 1, Jan. 15 


Hardin 


576 


20,921 


1851, Jan. 15 


Harrison 


684 


23,164 


1836, Dec. 7 


Henry 


432 


18,640 


1851, Jan. 15 


Howard 


460 


12,920 


1857, Jan. 28 


Humboldt 


432 


12,182 


1851, Jan. 15 


Ida 


432 


11,296 


X843, Feb. 17 


Iowa 


576 


18,409 



APPENDIX 205 

1837, Dec. 21 Jackson 619 21,258 

1846, Jan. 13 Jasper 720 27,034 

1839, Jan. 21 Jefferson 432 15,951 

1837, Dec. 21 Johnson 578 25,914 

1837, Dec. 21 Jones 576 19,050 

1837, Dec. 21 Keokuk 576 21,160 

1851, Jan. 15 Kossuth 984 21,971 

1836, Dec. 7 Lee 490 36,702 

1837, Dec. 21 Linn 720 60,720 
1836, Dec. 7 Louisa 396 12,855 
1846, Jan. 13 Lucas 432 13,462 
1851, Jan. 15 Lyon 600 14,624 
1846, Jan. 13 Madison 576 15,621 
1843, Feb. 17 Mahaska 576 29,860 
1846, Jan. 13 Marion 576 22,995 

1846, Jan. 13 Marshall 576 30,279 
1851, Jan. 15 Mills 445 i5> 8jI 
1851, Jan. 15 Mitchell 480 *3>435 
1851, Jan. 15 Monona 432 J 6,633 
1843, Feb. 17 Monroe 432 25,429 
1851, Jan. 15 Montgomery 432 16,604 
1836, Dec. 7 Muscatine 435 29,505 
1851, Jan. 15 O'Brien 576 17,262 
185 1, Jan. 15 Osceola 408 8,956 

1847, Feb. 24 Page 528 24,002 
1 85 1, Jan. 15 Palo Alto 576 13,845 
185 1, Jan. 15 Plymouth 820 23,129 
1 85 1, Jan. 15 Pocahontas 576 14,808 

1846, Jan. 13 Polk 576 110,438 

1847, Feb. 24 Pottawattamie 876 55,832 
1843, Feb. 17 Poweshiek 576 I 9,5 8 9 
1847, Feb. 24 Ringgold 545 12,904 



P.r' 



551, Jan. 15 Sac 576 16,555 

1837, Dec. 21 Scott 447 60,000 
185 1, Jan. 15 Shelby 576 16,552 
1851, Jan, 15 Sioux 768 25,248 

1846, Jan. 13 Story 576 24,083 
1843, Feb. 17 Tama 720 22,156 

1847, Feb. 24 Taylor 540 16,312 
I 85i, Jan. 15 Union 432 16,616 
1836, Dec. 7 Van Buren 502 15,020 
1843, Feb. 17 Wapello 432 37,743 
1846, Jan. 13 Warren 576 18,194 

1838, Jan. 18 Washington 576 I 9,9 2 5 

1846, Jan. 13 Wayne 528 16,184 
T 853, Jan. 22 Webster 720 34,629 
3851, Jan. 15 Winnebago 408 11,914 

1847, Feb. 20 Winneshiek 696 21,729 
1851, Jan. 15 Woodbury 864 67,616 
1 85 1, Jan. 15 Worth 408 9,95° 
185 1, Jan. 15 Wright 576 17,951 

Total 55-475 2,224,771 



206 HISTORY AND GOVERNMENT OF IOWA 

UNITED STATES SENATORS FROM IOWA 

Augustus C. Dodge Democrat 1848-1855 

George W. Jones Democrat 1848-1859 

James Harlan Republican 1855-1865 

James W. Grimes Republican 1859-1869 

Samuel J. Kirkwood . . . .Republican 1865-1867 

James B. Howell Republican 1870-1871 

James Harlan Republican 1867-1873 

George G. Wright Republican 1871-1877 

William B. Allison Republican 1873-1908 

Samuel J. Kirkwood . . . .Republican 1877-1881 

James W. McDill Republican 1881-1883 

James F. Wilson Republican 1883-1895 

John H. Gear Republican 1895-1900 

Jonathan P. Dolliver . . . Republican 1900-1910 

Albert B. Cummins Republican 1908- 

Lafayette Young Republican 1910-1911 

William S. Kenyon Republican 1911— 

LEGAL HOLIDAYS IN IOWA 

January 1 New Year's Day 

February 12 Lincoln's Birthday 

February 22 Washington's Birthday 

May 30 . Memorial Day 

July 4 Independence Day 

September, First Monday . . . .Labor Day 

November, Tuesday General Election 

November Thanksgiving Day 

December 25 Christmas 

CHIEF CITIES OF IOWA 

POPULATION OP 1915 

Des Moines 105,538 Waterloo 32,968 

Sioux City , . . . 61,787 Clinton 26,018 

Davenport 48,154 Burlington 24,357 

Dubuque 41,694 Ottumwa 22,402 

Cedar Rapids 40,590 Fort Dodge 19,310 

Council Bluffs 31,368 Mason City 17,066 



APPENDIX 207 

POPULATION OF IOWA 

1847 116,454 1870 1,194,020 

1849 154,573 1875 i,35o,544 

1850 192,214 1880 1,624,615 

1852 229,932 1885 1,753,980 

1854 326,500 1890 1,911,896 

1856 517,875 1895 2,058,069 

i860 674,913 1900 2,231,853 

1863 7 OI ,°93 1905 2,210,050 

1865 756,209 1910 2,224,771 

1867 9° 2 > 3 I 7 

LEADING CROPS RAISED IN IOWA 

1910 

BUSHELS VALUE 

Corn 341,750,463 $167,622,834 

Oats 128,198,055 49,046,888 

Wheat 8,055,944 7,703,205 

Barley 10,964,184 5,320,708 

Timothy seed 1,028,664 1,405,866 

Rye 57o,996 357,220 

Buckwheat 120,559 86,941 

Flax seed 140,906 182,569 

Emmer and spelt 139,839 65,436 

Clover seed 36,201 275,842 

Millet seed 47,959 32,728 

Kafir corn 3,081 2,083 

Beans, dry 5,699 12,428 

Peas, dry 9,007 11,669 

Potatoes 14,710,243 6,629,234 

Sweet potatoes 232,413 125,763 

Hops 2,625 lbs 251 

Tobacco 102,886 lbs 8,751 

VALUE OF FARM PROPERTY 
1850-1910 

1850 $ 21,519,711 1890 $1,100,682,579 

i860 147,702,873 1900 1,834,345,546 

1870 396,927,325 1910 3,745,860,544 

1880 721,517,214 



2o8 HISTORY AND GOVERNMENT OF IOWA 



TOTAL VALUE DOMESTIC ANIMALS, POULTRY 
AND BEES 

1850-1910 

1850 $ 3,689,275 1890 $206,436,242 

i860 22,476,293 1900 278,830,096 

1870 66,389,706 1910 293,003,196 

1880 124,715,103 



DOMESTIC ANIMALS AND POULTRY 

1910 1900 

Cattle $118,864,139 $142,518,902 

Horses 177,999,124 77,720,577 

Swine 69,693,218 43,764,176 

Sheep 5,748,836 3^5^42 

Poultry 12,269,881 6,535,464 

MANUFACTURES IN IOWA 

1900 1890 1880 

Number of Establishments 14,819 7>440 ... 6,921 

Capital Invested $102,733,103 $77>5 I 3>°97 - - -33>9 8 7> 886 

Number wage earners ... 5 8 >553 5 I »°37--- 28,372 

Total wages paid 23,931,680 20,429,620 ... 9,725,962 

Cost of material used 101,170,357 79,292,407 ...48,704,311 

Value of products 164,617,877 125,049,183 ...71,045,926 



COAL MINED 

1910 7,078,679 long tons 

1900 4,645,481 long tons 

1890 3>59°» 8 39 lon g tons 

1880 1,30^,568 long tons 



INDEX 



Account, failure to, 123. 

Accounts and Finance, Depart- 
ment of, 87. 

Accused persons, rights of, no. 

Acts, embrace what, 124. 

Acts of legislation, 122. 

Administrative officers, table of, 
144-147. 

Administrative Boards, 144-147. 

Administration of school fund, 
101, 102. 

Admission of Iowa, 15. 

Agricultural societies, 31. 

Agricultural College Grant, 98. 

Agricultural and Mechanic Arts, 
College of, 95. 

Agricultural products, 207. 

Agriculture, State Board of, 147. 

Agents of school funds, 168. 

Agency City, 19. 

Algonquin Indians, 16. 

Aliens, 114, 115. 

Alleys, vacating of, 124. 

Amendment of Constitution, 168. 

Amendments, list of, 198. 

American Indians, 10. 

Anamosa, reformatories at, 140. 

Animal Health Commission, 145. 

Appeal, right of, 150, 152. 

Appellate jurisdiction, 150. 

Appointment power, 24, 133. 

Apportionment of senators and 
representatives, 127. 

Appropriations, 123, 127. 
Committee on, 125. 

Assembly, general, 119. 

Assembly, right of, 114. 

Assessment, method of, 192. 

Assessor, 67, 172. 

Attainder, bill of, 114, 115. 

Attorney-general, 38, 137, 151. 

Attorney, county, 77, 152. 

Auditor of state, 135. 

Auditor of county, 72. 



Australian ballot system, 118. 
Authority of the church, n. 

Bail, 112, 113. 

Ballots, concerning, 117. 

Banking, supervision over, 136. 

Banking laws, 165. 

Bank bills, 166. 

Basil Giard, 18. 

Bees, Inspector of, 146. 

Bicameral legislature, 120. 

Bill of rights, 108. 

Bills, how enacted, 122, 
Veto of, 122. 

Binder, state, 146. 

Births and deaths, record of, 76. 

Blind, college for, 141. 

Board of control of state institu- 
tions, 139. 

Board of education, state, 140. 

Board of educational .examiners, 
state, 141. 

Board of parole, 142. 

Board of health, 142. 

Boards and commissions, 144-147. 

Board of equalization, 63. 

Boats, inspector of, 146. 

Boies, Horace, 47. 

Boundary of Iowa, 28, 34, 35, 
106, 170. 

Boundaries of local units, 55. 

Boundary of Iowa Territory, 14. 

Bonds, required, 71, 74. 

Bridges, county, 71. 

Briggs, Ansel, 42. 

Burlington, first capital, 32. 

Buildings of the county, 71. 

Cabot, John, n. 

Candidates, methods of choosing, 

180. 
Capitals of Iowa, 31, 32. 
Care of the poor, 64. 
Caucus, 181. 

209 



2IO 



HISTORY AND GOVERNMENT OF IOWA 



Cedar Rapids, 87. 

Census, 126, 67. 

Challenges of jurymen, 161. 

Chambers, John, 41. 

Change of venue, 112. 

Changes in Constitution 1857, 

37, 38. 
Charity, 186. 

Charters of incorporation, 31. 
Chief cities of Iowa, 207. 
Cities and towns, 82. 

Classification, 82. 

Manner of incorporation, 83. 

Control of, 83. 

Officers of, 84. 

Powers of councils, 84. 

Elections, 85. 

Under special charter, 86. 

Commission government, 86. 

Compensation of officials, 89. 

Superior courts in, 154. 
Citizenship, 118. 
City solicitor, 84. 
City clerk, 84. 
City engineer, 84. 
Civil rights, 108-115. 
Civil cases, trial of, 66, 153-155. 
Civil townships, 62. 
Clarinda, State Hospital for In- 
sane, 140. 
Clark, Lewis and, 18. 
Clarke, James, 41. 
Clerk, town or city, 84, 85. 
Clerk of district court, 76. 
Clerk of supreme court, 153. 
Coal mined, 208. 
Code of Iowa, 105. 
Collection of taxes, 192. 
Commerce counsel, 139. 
Commissioner of animal health. 

I4 5-. 
Committees, in legislature, 125. 

Columbus, 10. 

Commission plan of gov't, 86, 87. 

Commission of pharmacy, 145. 

Congress, power over territories, 

21, 22. 

Proposed boundary, 35. 

Aid to education, 97. 
Congressional township, 56. 
Congressional survey, 56. 
Constables, 66. 



Constitution defined, 104. 
Constitution of Iowa, 106. 
Constitutional Convention, 196. 
Commissioner of labor statistics, 

144. 
Constitution of Iowa, 108. 

Preamble to, 106. 

Early constitutions, 33, 34, 35. 

Adopted, 35. 

How revised, 36. 

How amended, 168. 

List of amendments, 198. 
Contracts, protection of, 114. 
Conventions, nominating, 182. 
Corn produced, 207. 
Coroner of county, 79. 
Corporations, 166. 

Constitutional provision, 165. 
Correction, house of, 140. 
Correction lines, 60. 
Council, state executive, 136. 
Council, municipal, 84. 
Council Bluffs, school for deaf, 

140. 
Counties, date of organization, 

204. 

List of, 204. 

Organization, 27. 

Government of, 69. 

Officers, 70. 

Boundaries, 69, 126. 
County attorney, 77, 151. 
County auditor, 72. 
County Board of education, 94. 
County clerk, 76. 
County coroner, 79. 
County fairs, 31. 
County officers, 70. 
County recorder, 75. 
County seats, 69, 124. 
County sheriff, 77. 
County superintendents, 78. 
County supervisors, 70, 71. 
County surveyor, engineer, 79. 
County treasurer, 74. 
Courts, classes of, 149, 152. 

State, 152. 

County, 153. 

Superior, 154. 

Justices, 154. 
Credit of the state, 164. 
Crimes, 149, 111. 



INDEX 



211 



Criminal cases, trial of, 154, 155. 
Criminals denied suffrage right, 

117, 118. 
Cummins, Albert B., 48. 
Curator of historical society, 144. 
Custodian of public buildings, 145. 

Dairy and food commissioner, 

145- 
Davenport, George, 18. 
Davenport, 31, 86, 140. 
Davenport seminary, 31. 
Deaf, school for, 140. 
Deaths, record of, 76. 
Debt, imprisonment for, 114, 115. 
Debts, limitations, 161. 

State, 161. 

Municipal, 170. 

War, 163. 

Taxes for, 163. 
Decisions of courts, 153. 
Deeds, 75. 

Democratic Party, 175. 
Dental examiners, Board of, 144. 
Departments of government, 118. 
Delinquent taxes, 193. 
Des Moines, 33, 38, 

Commission plan, 87. 
Direct taxes, 191. 
Director, weather and crop bureau, 

145- 

Distribution of power, 118. 

Difficulties of taxation, 193. 

District courts, 150, 153, 202. 

District judges, 153. 

District schools, 90, 91. 

Ditches, drainage, 114, see amend- 
ments. 

Divorces, legislative prohibition, 
124. 

Dolliver, Jonathan P. see senators, 
206. 

Dubuque, Julien, 17. 

Dueling, 109. 

Due process of law, no, in. 

Duties, taxes, 191. 

Earliest inhabitants, 9. 
Early settlers, 17, 18. 
Early counties, 69. 
Economic legislation, 185. 



Education, state Board of, 94. 
Education, public, 90. 

Cost of, 97. 

Institutions, 95. 
Educational examiners, 141. 
Eldora, industrial school, 140. 
Education in territory, 27. 
Elections, biennial, 172, primary, 

182. 

Cities and towns, 85. 

Townships, 63. 
Elector at large, 182. 
Electors, privileges of, 117, 118. 
Electors for Presidents, 203. 
Eminent domain, right of, 114. 
Employers, protection to, 187. 
Engineer of county, 79. 
English claims, n. 
Equalization of taxes, 191. 
European claims, 9, 10. 
Executive of territory, 24. 
Executive of the state, 129. 
Executive council, 136. 
Excise tax, 191. 
Executive officers, 129, seq. 
Exemptions from taxation, 194. 
Ex post facto laws, 114. 
Extra compensation, 126. 

Farmers, education of, 95. 
Farm products, 207. 
Feeble-minded, institution for, 140. 
Federal Government and local 

units, 55. 
Federal grants for education, 97, 

99. 
Finance committee, Board of 

education, 141. 
Fines, excessive, 113. 
Fire marshal, 146. 
First settlers, 17. 
First elections, 36. 
Fish and game warden, 145, 
Five hundred thousand acre grant, 

97- 
Five section grant, 147. 
Food and dairy commission, 145. 
Fort Raccoon, Des Moines, 19. 
Fort Madison, penitentiary, 140. 
Fox Indians, 16. 
French claims, 12, 13. 
Functions of government, 50, 51. 



212 



HISTORY AND GOVERNMENT OF IOWA 



Galveston plan of government, 
87. 

Game warden, fish and, 145. 

Gear, John H., 45. 

General assembly, 119. 
Sessions, 119. 
Quorum, 121. 
Enactment of laws, 122. 
Compensation of members, 124, 
125. 

Geological Board, 145. 

Glenwood, institution for feeble- 
minded, 140. 

Governor of the territory, 24. 

Governor of the state, 39, 129, 

133- 

List of Governors, 39. 

Duties and powers, 129. 
Grand jury, 152, 158. 
Government defined, 50. 
Grimes, James W., 42. 

Habeas corpus, 112. 

Harbor Master, 84. 

Health, Board of, 142. 

Health legislation, 187. 

Highways, 64. 

Highway commission, 147. 

Health officers, 65. 

Historical society, state, Board of 

curators, 144. 
Honorably discharged soldiers, 

194. 
Honori, Louis, 18. 
Hotel inspectors, 146. 
House of representatives, territory, 

House of representatives, state, 
1 19-21. 

Idiots, suffrage denied, 117. 
Impeachment, 123. 
Imposts, 191. 

Incorporation of towns, 83. 
Independence, state hospital, 140. 
Indiana territory, 14. 
Indians, 10, 16, 17. 
Indian treaties, 17. 
Indictment, when necessary, in. 
Indirect taxes, 191. 
Independent Party, 177. 
Industrial school, 140. 



Inebriates, hospital for, 140. 
Initiative and referendum, 88. 
Insane hospitals for, 140. 
Insane persons, suffrage denied, 

117. 
Inspector of bees, 146. 
Institute for teachers, 78. 
Insurance, supervision over, 136. 
Insurrection in state, 78, 162. 
Iowa admitted into Union, 15. 
Iowa boundaries, 28, 34, 35, 106. 

170. 
Iowa territory, 14. 
Iowa City, capital, 32. 
Iowa educational institutions, 195. 
Iowa State University, 95. 
Iowa State College of Agriculture 

and Mechanic Arts, 95. 
Iowa State Teachers College, 95. 

Jackson, Frank D., 39, 
Joliet and Marquette, 17. 
Journals of the general assembly, 

121. 
Judicial department, 149. 
Judicial districts, 151, 153. 
Judges, state, 153, 154. 
Judiciary of territory, 26. 
Juries, 157. 

Selection of, 157, 158. 

Grand, 152, 158. 

Petit, 158. 

Challenges, 160. 

Fees of, 160. 
Justices of the Peace, 112, 116, 

169. 
Justices' courts, 155. 

Keokuk, 18. 

Keosauqua seminary, 31. 
King's Daughters, 187. 
Kirkwood, Samuel J., 43. 
Knoxville, hospital for inebriates, 
140. 

Labor legislation, 186. 

Labor unions, 186. 

Labor statistics, bureau of, 145. 

Land grants, 97, 99, 185. 

Larrabee, William, 46. 

La Salle, 12. 

Law examiners, Board of, 144 



INDEX 



213 



Laws, how made, 122. 

Interpretation of, 148. 

When take effect, 124. 
Law of succession to governor, 

133- 

Laws, local or special, 124. 

Laws, uniform, 126. 

Leading crops raised in Iowa, 207. 

Le Claire, Antoine, 18. 

Legal holidays in Iowa, 206. 

Legislative assembly, 119. 

Legisature of the territory, 25. 

Lewis and Clark expedition, 18. 

Library trustees, 144. 

Library commission, 146. 

Liberty of speech and press, 109. 

Lieutenant-governor, 132. 

Liquor legislation, 115, 175. 

Live stock, production and value, 
208. 

Loan and trust companies, super- 
vision over, 136. 

Local government, 54, 55. 

Local institutions of territory, 27. 

Louisiana Purchase, 12, 13. 

Lowe, Ralph P, 39. 

Lucas, Robert, 40, 43. 

Manufactures, 208. 
Manufactures in Iowa, 208. 
Marquette and Joliet, 12. 
Marriage licenses, 76. 
Marshal, 24, 84. 

Marshalltown, soldiers' home, 140. 
Mayor of towns and cities, 84, 87. 
Meaning of Iowa, 9. 
Medical examiners, Board of, 

144. 
Message of Governor, 131. 
Michigan territory, 14. 
Military, subordination of, 112. 
Military power, 161. 
Militia of state, 161. 
Mine inspectors, Board of, 147. 
Mine products, 208. 
Missouri territory, 14. 
Missouri boundary dispute, 28. 
Mitchellville, industrial school at, 

140. 
Moneys and credits, 193. 
Money grants for education, 99. 
Morals, legislation concerning, 188. 



Mound builders, 9. 

Mt. Pleasant, hospitals there, 140. 

Municipalities, 82. 

Municipal control, 83. 

Municipal government, 82. 

Municipal officers, 84. 

Napoleon Bonapart, 12. 
Natural resources, 188. 
Necessity for government, 51. 
Nomination, method of securing. 

180. 
Normal school, state, 31, 95. 
Northwest ordinance, 22. 

Oakdale, state sanatorium, 140. 
Oath of office, 170. 
Officers of state, 133 seq. 
Officers of territory, 24. 
Officers of county, 70. 
Officers of township, 62. 
Officers of a town or city, 84, 85. 
Oil inspector, 146. 
Optometry examiners, 144. 
Ordinance of 1787, 22. 
Organic Act of Iowa, 23. 
Orleans territory, 13. 
Origin of Iowa, 9. 
Origin of institutions, 30. 
Organized charity, 186. 
Organization of school districts, 91. 
Organization and population of 
Counties, 204, 205. 

Pardoning power, 131, 142. 
Parole, Board of, 142. 
Party machinery, 180. 
Penalties for crimes and offenses, 

in, 113, 188. 
Penitentiary at Fort Madison, 

140. 
People's Party, 177. 
Permanent school fund, 167, 

Agents of fund, 168, 

Distribution of, 169, 174. 
Personal security, 109. 
Pharmacy commission, 145. 
Pierre Chauteau, 19. 
Pike, Zebulon M., 19. 
Police force, 84. 
Police judge, 84. 
Political parties, 173, 177. 



214 



HISTORY AND GOVERNMENT OF IOWA 



Political issues in Iowa, 173, 177. 

Poll tax, 191, 192. 

Polling places, location of, 63, 
183. 

Poor, care of, 64, 72. 

Pope of Rome, 11. 

Population, growth of, 207. 

Population of Iowa, 207. 

Powers of government, distribu- 
tion, 118. 

Presidential Electors, 203. 

Preamble to Constitution, 106. 

President, United States, power 
over territories, 24. 

Press, freedom of, 109. 

Primary election law, 182. 

Printer, state, 147. 

Privileges of the people, 30. 

Procedure, rules of, 121. 

Prohibition Party, 177. 

Prosecuting attorney, 155. 

Property, listing of, 63, 67, 191. 

Public affairs, department of, 87. 

Public buildings, custodian of, 

145- 
Public money, 123. 
Public roads, 64. 
Punishment, cruel or unusual, 

"3- 

Quartering of soldiers, 113. 
Quorum, 121. 

Railroad commissioners, 139. 
Rate of taxation, 192. 
Recall, in city government, 89. 
Referendum in cities, 89. 
Reformatories at Anamosa, 140. 
Registration of voters, 85. 
Religion, freedom of, 109, no. 
Removal, power of, 134, 141. 
Rents, reservation of, 115. 
Reporter of supreme court, 153. 
Representation, ratio of, 127. 
Representative districts, 99, 127. 
Representatives, number of, 99, 

127. 

Salaries of, 125. 
Record of lands, 59. 
Recorder of the county, 75. 
Relation of local units, 52. 
Republican Party, 176. 



Revision of the Constitution, 35, 

37- 
Rights of the people, 30. 
Riots, method of dealing with, 78, 

162. 
Roads, public, 64. 
Road tax, 64. 

Sac Indians, 17. 

Salaries of officers, 68. 

Saline Land Grant, 98. 

Sanatorium, Oakdale, 140. 

Schedule in Constitution, 170. 

School areas, 90. 

School Boards, 93. 

School directors, 92. 

School funds, 101, 167. 

School lands, 167. 

School meetings, 92. 

School organization, 91. 

School support, 98, 99, 100, 101. 

School taxes, 100. 

School townships, 90. 

Seal of the state, keeper, 134. 

Search and seizure, freedom from, 
109. 

Seat of government located, 31, 32. 

Secretary of state, 134. 

Nomination papers filed with, 

183. 
Member executive council, 136. 

Security, guarantee of, 109. 

Seminaries, 31. 

Senate of the state, 121. 

Senatorial districts, 121, 127. 

Senators, number and classifica- 
tion, 120. 

Separation of powers, 118. 

Settlers, early, 17. 

Shaw, Leslie M., 48. 

Sheriff of county, 77. 

Sioux City, commission plan, 87. 

Sioux Indians, 17. 

Sixteenth section grant, 98. 

Slavery, prohibition of, 115. 

Social legislation, 185. 

Social Party, 177. 

Soldiers, quartering of, 113. 
Suffrage denied, 117. 

Soldiers' Home, Marshalltown, 140. 

Soldiers' Orphans' Home, Daven- 
port, 140. 



INDEX 



215 



Spain claims Iowa, 10. 

Speaker of the house, duties, 125. 

Speech, freedom of, 109. 

State capital, 31. 

State Board of education, 95. 

State College of Agriculture, 95. 

State Institutions, 95, 140. 

State Normal schools, 31, 95. 

State related to local units, 54. 

State superintendent of public 

instruction, 137. 
State Teachers College, 95. 
State University of Iowa, 95. 
State's indebtedness, 37. 
Succession, law of, 133. 
Suffrage in territory, 28. 
Suffrage in state, 117, 118. 
Superintendent of schools, 137. 
Superior courts, 154. 
Supervisors of county, 70, 71. 
Superintendent of weights and 

measures, 140. 
Supreme court of the territory, 

26. 
Supreme court of the state, 149, 

152. 
Survey of lands, 56, 57. 
Swamp land grant, 98. 

Tax commission, 193. 
Taxation, process of, 191. 
Taxes, 80, 99, 100. 
Taxes, kinds, 191, 

Necessity of, 190. 

Process, 191. 

Equalization, 192. 

Exemptions, 194. Tax levy, 191. 
Teachers College, state, 95. 
Teachers, training of, 78, 95. 
Term of governor, 38. 
Territory of Iowa, 14. 
Territorial government, 21. 
Territorial boundary question, 28. 
Territorial courts, 28. 
Third Constitutional Convention, 

196. 
Towns, how incorporated, 83. 
Town government, 83, 84. 
Township government, 62. 
Township officers, 62. 



Township clerk, 65. 
Township trustees, 62. 
Treaty of San II De Fonso, 12. 
Treaties with Indians, 17. 
Treasurer of county, 74. 
Treasurer of state, 135. 
Treason, what constitutes, 113. 
Trial by jury, no, in. 
Tuberculosis sanatorium, 140. 

United States land grants, 97, 98. 
United States Senators, 36, 206. 
Uniformity of laws, 126. 
Units of government, 52. 
University grants, 97, 168. 
University, state, 95, 170. 
United States Senators from Iowa, 
206. 

Vacancies, filling of, 126, 133, 170. 
Value of farm property, 207. 
Value of domestic animals, 208. 
Veterinary surgeon, 147. 
Veto power, 122, in territory, 24. 
Vinton, school for blind, 140. 
Vital statistics, registrar of, 147. 
Vote, right to, 117, 118. 
Voting Machine Commission, 144. 

Wapello, under special charter. 
86. 

Wapello seminary, 31. 

War debts, 163. 

Ways and means committee, 125. 

Weather and crop service, director 
of, 145- 

Weights and measures, superin- 
tendent of, 147. 

Western lands, 21. 

Wharf master, 84. 

Whig Party, 34, 177. 

White settlers, 17. 

Wilson, Senator, 206. 

Wisconsin territory, 14. 

Women, right of suffrage, 118. 

Work of first legislature, 31. 

Yea and nay vote, 122. 

Young, Lafayette, Senator, 20O. 



GOVERNMENT OF THE 
UNITED STATES 

CHAPTER I. 

COLONIAL GOVERNMENT IN AMERICA 

Origin. The first colonial settlements in North 
America were made by European colonists who brought 
with them the civilization and the laws and customs 
of their native lands. The English colonists who settled 
at Jamestown, and at Plymouth and Salem, brought 
with them ready made governments, though they were 
not all of the same type. In some instances the king 
gave the people a charter of privileges which denned 
their possessions and stated their rights and privileges. 
In other instances the king gave a certain tract of land 
to one man and permitted him to lead out a band of 
colonists to settle the new region. In still other in- 
stances the king would send out a governor to act as 
his agent and to administer the government over the 
people in accordance with the king's wishes. 

Kinds of Government. The earliest form of colonial 
government in this country was that known as charter 
government. Charter government was that form in 
which the king granted a written charter to a band 
of colonists and under its provisions they governed 
themselves. Sometimes the king reserved the right to 

217 



218 GOVERNMENT OF THE UNITED STATES 

send a governor and it was then called a modified charter. 
The charter outlined a form of government for the 
colony and was in fact a kind of written constitution. 
Under these charters the governor and his council were 
not only the executive organ of the government, but 
they had legislative powers as well. The more im- 
portant laws had to be referred to the king for his 
approval. The assembly of the colony provided for 
courts, and judges were appointed by the governor. 
In most colonies appeals could go from these courts to 
the Privy Council of England. Four colonies started 
out with charter government — Massachusetts, Rhode 
Island, Connecticut and Virginia. Virginia in 1624 
lost its charter, and at times during their colonial period 
the other three colonies were without charters, but at 
the time of the Revolution, Massachusetts, Rhode Island 
and Connecticut were under charter forms of government. 

Proprietary Governments. This form of government 
controlled those colonies which were not in the beginning 
charter in form. A proprietary government was that 
form in which the colony was controlled by one or more 
persons, to whom the territory had been sold or granted 
by the king. The proprietors often established govern- 
ments very liberal in form and chose good governors and 
judges to preside over the colonies. In most instances 
the colonial laws had to be sanctioned by both the 
proprietor and the king. Eight of the early colonies 
started out as proprietary and three of them — Dela- 
ware, Pennsylvania and Maryland — remained such 
until the Declaration of Independence made them free. 

Royal or Provincial Colonies. Some of the colonies 
lost their early charter or proprietary forms of govern- 
ment and became more directly subject to the control of 
the mother country — these were called Royal colonies. 



COLONIAL GOVERNMENT IN AMERICA 219 

In some instances the king allowed the colony to retain a 
measure of independence. The governor was appointed 
by the king and was his personal representative in the 
colony. The king also appointed a governor's council, 
which acted as an upper house of the colonial legislature 
as well as an advisory board to the governor. The 
governor had larger powers in a Royal colony than in 
either of the other two. He could assemble and dis- 
solve the legislature, veto all laws passed by the colony, 
and establish courts and raise and control military 
forces. But even in the provincial colonies the people 
retained the right to elect representative assemblies 
and to a certain extent had power to levy taxes. 

Similarities in Government. Although the thirteen 
colonies existed under these three forms of government 
yet their systems were very much alike in their main 
features. Each colony had a legislative assembly 
chosen by the people, which raised money and controlled 
its expenditure, and acted as a lower branch of the 
legislature. Each colony also had a governor and a 
council, who, except in Pennsylvania and Delaware, 
participated in legislation. In all the colonies the lands 
were held in fee simple. A fundamental difference 
between the three kinds of colonies, was in the manner 
of filling the office of governor and in the character of 
that office. In two colonies the people selected their 
own governors, while in the others the governor was 
selected by the king or by the proprietor. All of the 
colonies in so far as possible reproduced the principal 
features of the government of England. 

Local Governments. In many respects the local 
governments in the colonies were better developed 
than were the central governments. In the matter of 
local government the Northern colonies differed to a 



220 GOVERNMENT OF THE UNITED STATES 

considerable extent from those in the South. The 
early local divisions in England were the town, the 
hundred and the shire. When the institutions were 
brought to America they took the name of the town, 
the township and the county. In the New England 
colonies the town and the county developed, but the 
township was not recognized. The tendency was for 
the bounds of one town to extend as far as the bounds 
of the next town, and the township as a local unit was 
not recognized. The town meeting was the source of 
all governmental activity of a local nature. Here the 
people met together to discuss matters relating to 
town affairs, and to take action thereon. The town 
meeting was democracy in its purest form. The citizens 
themselves attended rather than send their delegates 
or representatives. Young and old, rich and poor, 
took active part in the proceedings, and this town 
meeting settled all matters relating to the affairs of 
the town. The New England county confined its 
business chiefly to the holding of courts of law and the 
keeping of county records, and the care of prisoners. 
At first the ordinary county functions of caring for the 
poor, keeping up highways and carrying out taxation, 
were in the hands of the town rather than the county. 

In New York and other Middle States the county 
was given more prominence and the township was not 
so strong as in New England. The early Dutch created 
manors, villages and chartered towns, but nothing 
corresponding to the counties. After the English con- 
quest of 1664 the county was established, but the town- 
ship was earliest and retained the powers not given 
to the county. In Pennsylvania, William Penn set up 
a system of county government almost to the exclusion 
of the town and the township. The township did not 
appear until the population had greatly increased. 



COLONIAL GOVERNMENT IN AMERICA 221 

In Virginia and the Southern colonies the local unit 
corresponding to the modern township was the parish, 
or in some colonies called the military district. It took 
the place of the New England town and of the county 
in the middle colonies. The active authority of the 
parish was the vestry composed of twelve men, elected 
by the people at first, and later continued by the filling 
of vacancies in their own number. The parish collected 
the taxes, cared for the poor, chose church wardens 
and decided upon ministers for the parish. The county 
was the local political unit of the Southern colonies, 
but as the area of the county was too large to assemble 
the people in a democratic form of meeting, it be- 
came a representative government and the people chose 
officers to conduct the government for them. In 
matters of taxation, the vestry made the levy for the 
parish, the county court made it for the county, and 
the general assembly made the levy for the colony. 

QUESTIONS 

1. Give the names, dates and places of four early settle- 
ments made in America. 

2. What is meant by a charter of government? What 
is a corporation charter? 

3. Which form of early colonial government gave the 
greatest liberties to the colonists? 

4. Which is the better method of choosing officers — 
appointment or election? 

5. In what respects were all the colonies alike? In what 
respects different? 

6. What units of local government do we find in the 
states of the Middle West? 

7. What was the origin of the term parish? 

8. Why did the Southern colonies have so few towns and 
cities? 

9. Name the different units of government from the 
lowest to the highest. 

10. What differences in motive did the early colonists 
have? 



CHAPTER H. 

ATTEMPTS AT UNION AMONG THE COLONIES 

Influences Favoring Union. From the earliest found- 
ing of the colonies there were certain influences tending 
to draw them together. The new country was a great 
wilderness inhabited only by savage tribes of Indians, 
against whom the colonists had no other protection 
than their own prowess. More than once the colonists 
experienced cruel attacks from their red neighbors, and 
it was not long before the settlements lying within short 
distances of each other began to take united action 
against the Indians. The danger of attack by the 
Indians had not yet passed when a new foe made its 
appearance — the French from the St. Lawrence Valley 
and the north. About the same time the Dutch from 
New Amsterdam, now New York, began to formulate 
plans to seize some of the English colonies , lands in 
what is now Massachusetts and Vermont. Finally 
the colonists found themselves face to face in conflict 
with the mother country — England. Through these 
various occasions the colonists soon learned that united 
action was the only possible means of success. Along 
with the common enemies which caused the colonies 
to unite for mutual protection, there were various other 
influences tending to produce a permanent union. The 
location of the colonies was such as to form a common 
geographical union. They stretched in extent from 
north to south along the Atlantic shore, but at no place 
was there a break or an absolute separation. They 
also, in general, had a common race and language. They 

222 



ATTEMPTS AT UNION AMONG THE COLONIES 223 

all came from the northern countries of Europe. Al- 
most all were of the great Teutonic branch of the Aryan 
race, and after about 1664, they rapidly took up the 
English language to the exclusion of the Dutch, Swedish 
and French. Again — they were all governed by a 
common form of law — the English unwritten law. They 
soon came to adopt the English methods and control, 
and from an early date all received the same kind of 
political training. Their larger economic interests were 
the same, and their religious systems were essentially 
alike. Finally — they all had a common political 
dependence on England. 

Unfavorable Influences. In the midst of the struggle 
for union among the colonies there arose many influences 
that were unfavorable to their consolidation. First of 
all, was the fact that although they all lay in a continu- 
ous line along the east coast of the continent, there 
were at least three natural divisions. The New England 
colonies were practically cut off from the Middle and 
Southern colonies by the wide and deep Hudson River. 
With modern inventions and methods of doing business 
the Hudson has been changed from a natural obstruc- 
tion into a great and valuable route of commerce, but 
in the early days, before suspension bridges were known 
and before steamboats had been invented, such water- 
way was a great barrier separating two divisions of 
country. The Potomac River and Chesapeake Bay 
was another natural dividing line between the Middle 
and Southern colonies. The Hudson and Potomac 
Rivers divided the colonies into New England, Middle 
and Southern colonies — each not only separated from 
the other by a natural waterway, but each group having 
quite distinct features and natural resources which in 
turn produced different activities and occupations. 



224 GOVERNMENT OE THE UNITED STATES 

Another factor entering into the problem of forming 
a union was the great difference in the size of the colonies. 
Virginia, together with her extensive western land claims, 
comprised about one-half of the entire area of the country. 
Such small states as Rhode Island, Delaware and New 
Jersey, expressed a fear lest in any kind of union 
government that might be formed where representation 
should be a basis of power, such large states as Virginia 
and Georgia, with their enormous areas settled with 
millions of people, would control the central organization 
to the exclusion of the small states. The difference in 
the forms of government was also important. Those 
colonies having had Royal governments for many years 
had become content to remain under that form, while 
the charter colonies would never consent to give up their 
liberties and privileges and unite under such form of 
union. The different purposes in the founding of the 
colonies also had a marked influence on the people. 
Massachusetts with her Pilgrim and Puritan home 
seekers — men and women who left their native lands 
to find greater freedom and local self-government — was 
loath to join in any form of centralized control such as 
the people of Virginia or Maryland might willingly 
accept. In all the colonies the spirit of local self- 
government was strong. That was the one great re- 
ward for all their hardships in a new and undeveloped 
land. The commercial interests throughout the colonies 
were not the same. The New England States were 
largely manufacturing, while the Southern States were 
entirely agricultural. Finally, in the later years of 
colonial dependence on England, the slave question 
became prominent. The Northern colonies were already 
strong in their opposition to the entire institution of 
slavery, while the Southern colonies saw in it a great 
economic blessing. 



ATTEMPTS AT UNION AMONG THE COLONIES 225 

New England Confederation. The earliest attempt 
at union among the colonies of any lasting consequence, 
was the New England Confederation. In 1643, the 
four colonies of Plymouth, Massachusetts, Connecticut 
and New Haven sent committees to a meeting in Boston, 
where the delegates drew up a form of union government. 
The reasons leading up to this attempted union were 
four: to protect themselves against the attacks of the 
Indians; to repel the French invasion from the North; 
to check the Dutch from New York, who were striving 
to get New Hampshire; to provide for such general pro- 
tection which had previously been given by the English 
troops, who were now withdrawn because of the civil 
war in England. 

The Confederation was a loose kind of union in which 
the four colonies agreed to form a league of friendship 
for offense and defense. Each colony agreed to remain 
sovereign as to its own affairs. They agreed to share 
the expense of the union government in proportion to 
the number of male inhabitants in each colony. Two 
commissioners from each colony were to meet each year 
to consider affairs common to all. This union lasted 
about forty years and dissolved because of the old feeling 
of independence and local self-government; the local 
jealousy towards Massachusetts; and the restoration 
in England, which enabled England to again protect 
the colonies. 

After the dissolution of the New England Confedera- 
tion there were several small attempts to unite the 
colonies against the aggressions of the Indians and the 
French. In 1690, occurred the first Colonial Congress 
at Albany, in which delegates from the New England 
colonies and from New York were present. It amounted 
to very little, but was one of the minor events which 
prepared the way for something more formidable and 






226 GOVERNMENT OF THE UNITED STATES 

significant. In 1696, William Penn submitted a plan 
of union of the colonies to the British Board of Trade. 
Its purpose was to make the colonies more effective in 
their service to England and to one another. The king's 
commissioner was to be president of the council, which 
was to consist of two delegates from each of ten colonies. 
The council had power to hear and determine disputes 
among the colonies, collect debts against the colonies, 
punish offenders and improve commercial relations. 

The Albany Congress. In 1754, when England was 
about to declare war on France, the Board of Trade 
encouraged the colonies to hold a Congress and make 
treaties of friendship with the Indians so as to win over 
their help against the French. At that meeting the 
seven colonies assembled recommended to the considera- 
tion of the other colonies and of England a plan drawn 
up by Benjamin Franklin. This plan provided for a 
common government administered by a " president- 
general' ' appointed by the crown, and a "grand coun- 
cil" chosen by the colonial assemblies. It failed both in 
the colonies and in England. The colonies thought it 
gave the crown too much power and the crown thought 
it did not give enough. According to this plan each 
colony was to be represented according to the amount of 
money it contributed, but no colony to have less than 
two representatives or more than seven. The council 
had power to enact general laws, to appoint civil officers 
and to provide for the defence of the colonies. 

Stamp Act Congress. In 1765, the Massachusetts 
House of Representatives issued an invitation to the 
different colonies to send delegates to a general Congress. 
That Congress met at New York on October 7, 1765, and 
consisted of the representatives of nine colonies. The 



ATTEMPTS AT UNION AMONG THE COLONIES 227 

immediate cause of the meeting was an act of the British 
Parliament levying a stamp tax on the colonists, the 
revenue of which was to be used to maintain a British 
Army in the colonies. This Congress was different from 
all the previous attempts at union because it met with- 
out the consent of the British Government and for the 
purpose of resisting the British law. The Congress was 
in session two weeks and the result of its session was 
a declaration of rights, a petition to the king, and a 
memorial to the English Parliament. The resentment 
against England set forth in these acts was so great 
as to cause the repeal of the Stamp Act the following 
year. 

First Continental Congress. The coercive policy of 
the English Government, resulting in the tea tax and 
other oppressive measures, led the colonists into further 
protest and to the calling of the first Continental Con- 
gress on September 5, 1774. Delegates were present 
from all the colonies except Georgia, and they numbered 
fifty-five. The delegates drew up a declaration of 
rights; sent a petition to the king; and submitted an 
address to the people of Canada. Moreover, they 
formed an " association" of all those who agreed to accept 
no article imported from England. Before adjourning 
the Congress passed a resolution calling a meeting of a 
new Congress in May of the following year. 

The Second Continental Congress. On May 10, 1775, 
the Second Congress assembled at Philadelphia, and with 
adjournments from time to time, continued in session 
until March 1, 1781. The delegates addressed another 
petition to the king, which because of its milder tone 
was known as the "olive branch" petition. The king 
did not reply to it, but issued a proclamation in which 



228 GOVERNMENT OF THE UNITED STATES 

he declared the colonists to be rebels. Previous to the 
meeting of Congress in May, the battles of Lexington 
and Concord had occurred, and the delegates now began 
active preparations for war. Washington was chosen 
commander-in-chief and twenty thousand soldiers were 
raised. 

Declaration of Independence. The meetings of the 
first and second Continental Congresses were in direct 
opposition to the English authority and were purely revo- 
lutionary bodies. Actual fighting had begun between 
Great Britain and the colonies. On April 22, 1776, the 
North Carolina legislature advised their delegates at 
Philadelphia to declare for independence. On May 17, 
the Virginia legislature did the same. On June 7, 1776, 
Richard Henry Lee offered a resolution to the Congress 
"That these colonies are, and of a right ought to be, free 
and independent states." On June 11, two committees 
were appointed by Congress, one to draw up a declara- 
tion of independence and the other to formulate articles 
of union government. The first of these committees 
consisted of Thomas Jefferson, John Adams, Benjamin 
Franklin, Roger Sherman and Robert R. Livingston, 
and they reported the Declaration of Independence to 
Congress on June 28, 1776. The report was debated 
and adopted on July 4, 1776, and was signed by the 
members of the Congress on August 2. This declaration 
changed the British colonies of America into the United 
States of America. 

Articles of Confederation. The committee appointed 
on June 11, 1776, to draw up the Articles of Confedera- 
tion consisted of one delegate from each of the colonies. 
John Dickinson of Delaware was chairman. The com- 
mittee reported the Articles to Congress on July 12, 1776, 



ATTEMPTS AT UNION AMONG THE COLONIES 229 

and they were debated and altered and finally adopted on 
November 15, 1777. Their provisions required that 
they be ratified by all the states before being binding on 
any. The last state to ratify them was Maryland, on 
March 1, 1781. These Articles of Confederation were 
the first real union government under which we existed 
as the United States. During the Revolutionary War 
the colonies were held together by the exigencies of the 
times. From 1781 to 1789 the Urn ted States had as 
its fundamental document of government these Articles 
of Confederation. 

The Constitution of the United States. The Articles 
of Confederation were found weak and unworthy as a 
fundamental plan of government. They made no pro- 
vision for a central executive or for a central judiciary. 
There was no coercive power in the Federal Govern- 
ment and no way of compelling the states to obey the 
laws enacted by Congress. There was no federal regu- 
lation of commerce and there was no national currency 
provided for. In these particulars the states and the 
people did about as they pleased, and they could not be 
punished, for there was no means provided for enforcing 
the laws. Because of the failure of the Articles of Con- 
federation to provide a suitable Federal Government, 
the states passed resolutions in their state legislatures 
asking for a federal convention for the purpose of revis- 
ing the Articles of Confederation. Congress passed a 
resolution on the 21st of February, 1787, calling a 
national convention to meet at Philadelphia in May of 
that year, for the purpose of revising the Articles of 
Confederation. 



230 GOVERNMENT OF THE UNITED STATES 

QUESTIONS 

1. What were the chief influences causing the colonies 
to unite? * 

2. What were the chief influences causing the colonies 
to delay union as long as they did? 

3. Of what benefit to a country are deep, broad rivers? 
What of small, swift running rivers? 

4. How did some of the colonies come to have western 
land claims? 

5. Describe the New England Confederation. 

6. Why were all the early attempts at union failures? 

7. What was the real beginning of the United States? 

8. How long was the United States governed by the 
Articles of Confederation? 

9. How many articles and how many amendments in the 
Constitution of the United States? 



CHAPTER III. 

THE MAKING OF THE CONSTITUTION 

Weaknesses of the Confederation. The defects in the 
Articles of Confederation were such as to deprive the 
Federal Government of real and effective power in the 
enactment and enforcement of its legislation. The 
Federal Government had abundant power in law- 
making, but practically no power in law enforcing. No 
provision was made in the Articles for a central executive 
official; no central judiciary was provided for; there 
were no federal courts to interpret the law; Congress 
had no power to enforce the observance of treaties; 
Congress had no power to coerce a state, it could only 
recommend; Congress could not bring an offending 
individual to justice, except through the willingness of 
the state to punish; there were no uniform currency 
laws; each state had its own kind and variety of money; 
there was no uniform legislation on the subject of com- 
merce — each state could levy tariffs as it chose; the 
Articles required a two-thirds vote on all important 
questions and the vote was by states — it was very 
difficult to obtain such vote on partisan questions; and 
lastly, the Articles themselves could not be changed or 
amended except with the consent of all the states, and 
to secure such vote was almost impossible. 

Steps towards the Federal Convention. The immedi- 
ate reason for calling a convention was to reach some 
agreement concerning the regulation of interstate and 

231 



232 GOVERNMENT OF THE UNITED STATES 

foreign commerce. Other weaknesses of the Confedera- 
tion were as ruinous in their effects as the failure to 
regulate commerce, but none of them were of such im- 
mediate consequence. In March, 1785, a conference 
of delegates from Maryland and Virginia was called 
at Alexandria for the purpose of adjusting, if possible, 
the differences between those states concerning the 
navigation of the Potomac River and the Chesapeake 
Bay. The discussion soon showed that no adequate 
regulation of interstate commerce could be entered into 
without the co-operation of all the states. After con- 
sulting with George Washington, at Mt. Vernon, the 
few delegates assembled decided to call a convention of 
all the states to meet at Annapolis the following year. 

The Trade Convention at Annapolis in September, 
1786, was attended by delegates from five states. Other 
states chose delegates and some of them actually started 
for Annapolis, but were too late, and were met on the 
way by the convention delegates returning to their 
homes. The discussion at Annapolis again brought out 
the fact that no real effective action towards strengthen- 
ing the central government could be taken without the 
co-operation of all the states. Under the leadership 
of Hamilton the convention passed a resolution recom- 
mending to all the states to send delegates to a national 
convention to meet the following year and copies of the 
resolution were sent to Congress and to the state legis- 
latures. This action aroused a response from Congress 
and on February 21, 1787, that body passed a resolution 
calling a federal convention to meet at Philadelphia, on 
May 14, of that year. 

Personnel of the Convention. There were sixty-five 
delegates chosen, representing all the states except 
Rhode Island, Fifty-five delegates actually sat in the 



THE MAKING OF THE CONSTITUTION 233 

convention. Thirty-nine of these delegates were present 
on the last day of the meeting and signed the constitu- 
tion. Three members, Elbridge Gerry of Massachu- 
setts, and Edmund Randolph and George Mason of 
Virginia, were present on the last day, but refused to sign 
because the constitution did not meet their approval. 
The delegates to the convention represented the best 
statesmanship and ability in America. George Wash- 
ington was president of the convention. Benjamin 
Franklin, James Madison, Alexander Hamilton, James 
Wilson, Charles Pinckney and Roger Sherman were 
among the most prominent members. The oldest 
man in the convention was Benjamin Franklin, who 
was eighty-one years of age. The youngest man was 
Jonathan Dayton of New Jersey, who was twenty-seven 
years of age. The average age of all the members in 
attendance was forty-three years. Twenty-five of the 
delegates present came from north of the Mason and 
Dixon line, and thirty came from south of it. They 
were, without scarcely an exception, men of liberal 
educational qualifications and of large practical experi- 
ence in constitution making in the states. They were 
well equipped for a great work and the Constitution 
of the United States is a monument to their genius 
and ability. 

Plans Submitted to the Convention. There were in all 
four plans submitted to the constitution makers as 
suggestions according to which they might frame a 
constitution. The Virginia and Pinckney plans were 
submitted on May 29, the New Jersey plan on June 15, 
and the Hamilton plan on June 18. The Pinckney plan 
was very little discussed in the convention and had little 
influence on the making of the constitution. Of all the 
plans submitted, the Virginia plan was the most influen- 



234 GOVERNMENT OF THE UNITED STATES 

tial and was most nearly followed by the convention. 
This plan was written by Madison and was presented 
to the convention by Edmund Randolph. It provided 
for a central executive, to consist of one person, chosen 
by the national legislature, and not subject to re-election. 
The legislature was to consist of two branches, an upper 
house and a lower house. The members of the upper 
house were to be chosen by the lower house from among 
persons nominated by the state legislatures. They 
were to hold office for a longer term than were the 
members of the lower house, and were not subject to 
immediate re-election. The members of the lower house 
were chosen by popular election, and were apportioned 
according to the population in each state. They were 
to receive a fixed salary, were not subject to immediate 
re-election and could be recalled by the states. The 
judiciary was to consist of a superior court and such 
inferior courts as the national legislature would provide. 
The judges were to hold office during good behavior 
and were to be chosen by the national legislature. This 
plan also provided for a council of revision consisting 
of the chief executive and a part of the judiciary. It 
was to have the power to review national legislation. 
The plan further provided for the admission of new 
states, the manner of amending the Constitution, and the 
method of establishing the new government. 

The New Jersey plan was drawn up and presented 
to the convention by William Patterson. It was not 
so well worked out as was the Virginia plan. It provided 
for a multiple executive, that is, more than one person 
at a time, for executive; for a unicameral or one-branch 
legislature; for a judiciary of both superior and inferior 
courts, and for the admission of new states, and for a 
uniform rule of naturalization. 

The Hamilton plan was the suggestion of Alexander 



THE MAKING OF THE CONSTITUTION 235 

Hamilton of New York and was not intended to present 
a complete plan of Federal Government. Hamilton 
had listened attentively to the discussions from the 
beginning of the convention and believed the members 
were tending to the adoption of a government giving too 
much power into the hands of the states and too little 
to the Federal Government. He presented his plan for 
the purpose of encouraging the establishment of a strong 
central government. He advocated a life term of office 
for the chief executive, and life tenure for the members 
of the upper branch of the national legislature and for 
the judges of the superior courts. He also advocated 
such powers for the superior courts and for the national 
legislature as would subordinate the state to the central 
authority. 

Compromises in the Convention. Any large assembly 
having so grave a task before it as making a national 
constitution may well expect differences of opinion 
concerning fundamental propositions. Such was true 
of the Constitutional Convention of 1787. From the 
very first the small states were determined they should 
be equally powerful with the large states in the national 
legislature. The large states were equally determined 
their larger population should receive representation in 
proportion to their numbers. The discussion waxed 
warm concerning the number of representatives each 
state should have in Congress. Under the old uni- 
cameral legislature of the Confederation the question 
was impossible of solution. The large states would 
not accept equal representation and the small states 
would not agree to proportional representation. The 
entire proposition was solved and satisfactorily adjusted 
by the Connecticut Compromise, which provided for a 
bicameral legislature with equal representation of the 



236 GOVERNMENT OF THE UNITED STATES 

states in the upper house and with proportional repre- 
sentation in the lower house. 

The question of counting slaves in computing the 
population of the Southern States was another grave 
matter. The Southern States contended the negroes 
were property and as such were under the control of the 
states and not under the control of the central govern- 
ment, but when estimating their population they con- 
tended the negroes ought to be counted. The Northern 
States contended the negroes ought to be freed and given 
political rights or not be counted in the apportionment 
of representation The matter was finally compromised 
by an agreement to count five slaves equal to three white 
men when determining representation, and direct taxes 
were to be apportioned in the same manner. 

The third great compromise also originated out of the 
presence of slaves and of the slave trade. The most 
urgent matter leading up to the calling of the convention 
was the regulation of commerce between the states and 
with foreign nations. Some states, especially those of 
the South, wanted the control of commerce left largely 
with the states. The Northern and manufacturing states 
wanted the control of commerce in the hands of the 
Federal Government because it would insure greater 
stability of trade regulations and it would avoid the 
weaknesses of the Articles of Confederation. The 
two factions finally agreed to give Congress control 
over commerce. This was a concession to the northern 
states and was only acquired after making an equal 
concession to the South — that Congress should not 
legislate prohibiting the importation of slaves until after 
1808, although Congress could, if it chose, levy a tax of 
ten dollars on each slave imported. 

One of the elements of ^strength in the Constitution is 
the series of compromises. They reconciled conflicting 



THE MAKING OF THE CONSTITUTION 237 

opinions, and modified radical propositions. The Con- 
stitution is stronger because it presents compromises 
rather than extreme opinions. Such compromises drew 
support from both factions when the Constitution was 
placed before the states for ratification, while an 
extreme contention would have aroused opposition. 

Ratification. The manner in which the states were 
to accept the Constitution was set forth in the seventh 
article. It provided that ratification was to be done by 
the states through conventions called for that purpose. 
The Constitution was to go into effect when nine states 
had so ratified. The ninth state to so accept the Con- 
stitution was New Hampshire on June 21, 1788. The 
Congress of the Confederation then took steps towards 
putting the new government into operation. The date 
agreed upon was the first Wednesday in March, which 
chanced to be March fourth, the day since followed as 
"Inauguration Day." 

The work of ratification was not easy in some of the 
states. Delaware was the first state to ratify and the 
new Constitution was adopted by a unanimous vote and 
without offering amendments. In Massachusetts the 
debate was long and bitter and the final vote stood 187 
to 178. In Virginia and in New York the sessions were 
long and the final vote gave a narrow margin for rati- 
fication. North Carolina and Rhode Island remained 
out of the union until Congress threatened to enact 
tariff laws against their articles of trade. North Caro- 
lina then ratified the Constitution on November 21, 
1789, and Rhode Island followed as the last state on 
May 29, 1790. 

The chief objections found to the Constitution by the 
states when it was before them for ratification were: 
the military power vested in the President; the right 



238 GOVERNMENT OF THE UNITED STATES 

of the Federal Government to control commerce; 
federal power to lay and collect taxes; the absence of a 
bill of rights; the re-eligibility of the executive; the 
absence of a provision for locating the capital; the 
absence of an executive council, and the large powers 
given to the courts over federal legislation and that 
of the states. 

QUESTIONS 

1. Enumerate the weaknesses of the Articles of Con- 
federation? 

2. For what purpose was the Federal Convention of 
1787 called? 

3. Why was the trade convention at Annapolis? 

4. How many signers has the Constitution of the United 
States? 

5. Tell something about Washington, Hamilton, Frank- 
lin, Madison. 

6. In what ways were the plans submitted to the com- 
vention alike? In what ways were they different? 

7. Explain the compromises in the convention. 

8. How did the states ratify the Constitution? 

9. What was the effect of ratification? 

10. What were the chief objections made by the states 
to the Constitution? 



CHAPTER IV. 

ORIGIN AND NATURE OF THE CONSTITUTION 

Theories Concerning the Origin. There are four 
general theories concerning the origin of the Constitution 
of the United States. The first is, that the Constitution 
is an entirely new and original outline of government. 
This theory holds that the delegates in the Federal 
Convention of 1787 came together and formulated a 
new plan of national government which in the main was 
unlike any other government in existence. This theory 
is not a good one. There is much in the Constitution 
of the United States that was copied from governments 
already in existence. 

The second theory held the opposite extreme from 
that of the first. It holds that the Constitution of the 
United States is but a written copy of the English Con- 
stitution then in existence. Sir Henry Maine set forth 
this theory, which like the first one, is far from being 
correct. There is much in our Constitution that was 
never found in the Constitution of England. The 
electoral college for choosing the executive is one ex- 
ample. 

The third theory holds that the Constitution was made 
up entirely out of the experiences of the colonists and 
those living under the state governments in the Con- 
federation and that none of it was copied from other 
governments, but that all came from the American 
people previous to 1787. If we read the debates and 

discussions of the members in the convention we readily 

239 



240 GOVERNMENT OF THE UNITED STATES 

see that they often referred to the governments of other 
nations and that much of our Constitution is like that 
of other countries. 

The fourth theory holds that the Constitution of the 
United States was made up from parts of all the above 
theories. It was copied in part from other countries 
— especially from the government of England. It also 
did contain much of the actual experience of the colonists 
as worked out in the colonies and in the states under 
the Confederation. It also contained some new features 
that were not found in the governments of other nations. 
This last theory is considered the correct one. 

Different from Articles of Confederation. The Articles 
of Confederation were drawn up by a committee consist- 
ing of one delegate from each state and were discussed 
and adopted by the Second Continental Congress. 
They did not become effective until ratified by all of the 
states. They formed the states into a confederation or 
league of friendship. The Constitution was drawn up by 
a convention of fifty-five delegates chosen by the states. 
It went into operation when ratified by nine states. It 
was made by the people's delegates and was ratified by 
the people's representatives. It formed the states into 
a union from which none could withdraw. 

The Confederation was a union of states. The govern- 
ment under the Constitution was a union of people. 
The Articles of Confederation were made and ratified 
in the name of the states. The union under the Con- 
stitution was made and ratified in the name of the people. 
The Articles of Confederation say, "We the thirteen 
states of the United States." The Constitution says: 
"We the people of the United States." Under the 
Confederation the states were stronger than the Fed- 
eral Government. Under the Constitution the Federal 



ORIGIN AND NATURE OF THE CONSTITUTION 241 

Government is stronger than the states. The Articles 
of Confederation made a compact between the states 
from which any state could withdraw. The Consti- 
tution formed a union government from which no state 
can ever withdraw. Our Constitution is the people's 
Constitution — and the people's government — made 
by the people — made for the people — and answerable 
to the people. 

Relation of the States to the Union. Under the Con- 
stitution we have a dual form of government. The 
Federal Government is sovereign and is supreme within 
its sphere, and the state governments are supreme within 
their spheres. A peculiar relation exists between the 
states and the National Government. Under the Con- 
federation the Federal Government was a government 
of delegated powers — these powers having been dele- 
gated by the states. Under the Constitution the powers 
of the states are delegated rather than those of the 
Federal Government. Article X of the Amendments 
to the Constitution says, "The powers not delegated to 
the United States by the Constitution, nor prohibited 
by it to the states, are reserved to the states respectively, 
or to the people." Under the Constitution all powers 
are inherent in the people. The people have, however, 
drawn up a Constitution which definitely gives the 
Federal Government the sovereign power of control. 
This Constitution gives the Federal Government su- 
premacy in certain matters relating to the country as a 
whole, and it gives supremacy, in certain other matters, 
to the states, because they relate only to the states. 
The Constitution places certain restrictions upon the 
powers of the states and specifically forbids them to 
exercise certain powers. No state can enter into any 
treaty, alliance, or confederation, or grant letters of 



242 GOVERNMENT OF THE UNITED STATES 

marque and reprisal, or coin money, or emit bills of 
credit. No state can pass any bill of attainder, ex post 
facto law or laws impairing the obligation of contract. 
Still other specific powers similar to these are forbidden 
to the states. 

The Constitution also requires of the Federal Govern- 
ment certain duties towards the states. The Federal 
Government guarantees to every state a republican 
form of government and protection against invasion, 
and, when the states request the Federal Government to 
do so, to aid the state in suppressing domestic violence. 
Within their own spheres of activity the states are self- 
governing bodies and may enact such legislation and 
carry on such government as is for the general welfare 
of their own people so long as it does not conflict with 
the Constitution of the United States or with the laws of 
Congress passed in accordance with the Constitution. 

Classification of Powers. If we attempt a detailed 
study and classification of the powers of government as 
they appear in the Constitution of the United States 
we will find they may all be listed under nine possible 
classes: First, we have federal powers which are for- 
bidden to the states. Under this class of powers are 
found most of the ordinary powers belonging to Congress, 
such as the power to borrow money on the credit of the 
United States; power to establish post-offices and post- 
roads; power to call forth the militia to execute the 
laws of the Union, etc. Second, we have powers granted 
to the United States simply, such as to provide for the 
punishment of counterfeiting; to apportion direct taxes 
among the several states; to lay and collect taxes and 
excises, etc. Third, we have powers common to the 
nation and the state, such as protection against invasion; 
the division of a state into two states; the proposing 



ORIGIN AND NATURE OF THE CONSTITUTION 243 

of amendments, etc. Fourth, we have powers reserved 
in the states simply, such as the right to choose at least 
one representative to Congress; the return of fugitives 
from justice fleeing from one state to another, etc. 
Fifth, we have state powers forbidden to the United 
States, such as the power of the state executive to issue 
writs to fill vacancies in the state's representatives in 
Congress; to determine the place of choosing United 
States senators; to determine the manner of choosing 
presidential electors, etc. Sixth, powers forbidden to 
the United States simply, such as to change the classi- 
fication of United States senators into other than three 
classes; to allow the President of the Senate a vote 
in cases other than a tie; to pass an appropriation for 
the army or navy for a longer period than two years, etc. 
Seventh, powers forbidden to the states simply, such 
as no state shall enter into a treaty, alliance, or confedera- 
tion; no state shall coin money or emit bills of credit; 
no state can pass a bill of attainder or an ex post facto 
law; no state can deny full faith and credit to the public 
acts of another state, etc. Eighth, powers expressly 
forbidden to both the nation and the states, such as to 
change the number of United States senators from each 
state; to change the qualifications of senators or of 
representatives in Congress; to deny a state the right 
of a republican form of government, etc. Ninth, rights 
reserved or expressly retained in the people, such as the 
right of the people of the several states to choose repre- 
sentatives to either house of Congress; the trial of all 
crimes except impeachments, in federal courts, shall 
be by jury; the citizens of each state shall have all the 
privileges and immunities of citizens in the several 
states, etc. 



244 GOVERNMENT OF THE UNITED STATES 

QUESTIONS 

1. Explain the four different theories as to the origin 
of the Constitution. 

2. What is the difference between a Confederation and a 
Federal Union? 

3. Memorize the Preamble to the Constitution of the 
United States. 

4. What is a bill of rights? Does the Constitution have 
a bill of rights? 

5. Name the different classes of powers as they are found 
in the Constitution of the United States. 



CHAPTER V. 

LEGISLATIVE DEPARTMENT 

The Two Houses. The old Congress of the Con- 
federation consisted of but a single house, or in other 
words, it was unicameral in form. The two-branch, or 
the bicameral, system of the new government was the 
result of the Connecticut compromise, which provided 
for equal representation of the states in the upper house 
and for proportional representation in the lower house. 
The bicameral system of legislature was in use in the 
states previous to the time of the Constitutional Con- 
vention. There were several practical reasons for a 
two-branch legislature. The old Congress of the Con- 
federation with one branch was a failure, while the two 
branches in the states were successful. The two houses 
were a compromise between the federal and the state 
idea, each of which was contended for in the Federal 
Convention. Each branch would also act as a check 
upon any hasty action by the other. The two branches 
interpose a delay between the introduction and the 
adoption of a measure which results in a better quality 
of legislation. 

Composition of the Two Houses. The membership of 
the Senate of the United States consists of two senators 
from each state. Formerly they were elected by the 
state legislatures, but the seventeenth amendment, 
adopted in 1913, provides that senators shall be chosen 
by a direct vote of the people. The Senate now has 

245 



246 GOVERNMENT OF THE UNITED STATES 

ninety-six members. The membership of the House 
of Representatives is determined according to popula- 
tion. At the beginning of the government the ratio 
was fixed at one representative for every thirty thousand 
people, but it was changed in 1790 to thirty- three 
thousand and has been steadily increased, until in 1910, 
Congress declared the ratio to be one representative 
for every 212,407 people and the House now has 435 
members. The most populous states naturally have 
the most representatives. New York has forty-three 
representatives, and Pennsylvania has thirty-six. 

Qualifications of Members. The Constitution care- 
fully determines the qualifications of members of each 
branch of Congress. To be eligible to the lower house 
a person must be at least twenty-five years of age; he 
must have been seven years a citizen of the United 
States; and he must when elected be an inhabitant of the 
state from which he is chosen. It is not required that 
he live in the district in the state from which he is 
chosen, but the practice of electing one who lives in the 
district has become so strong that at present there are 
almost no exceptions to the rule. 

To be eligible to the upper house a person must have 
attained the age of thirty years; he must have been a 
citizen of the United States for nine years previous to the 
election, and must, when elected, be an inhabitant of the 
state from which he is chosen. It was provided that 
after the first election the senators were to be divided 
as equally as possible into three classes, the first to 
retain their seats for two years, the second for four years, 
and the third for six years, so that one-third of the 
Senate might be chosen every second year. 

Vacancies occurring in the House may be filled by the 
governor of the state issuing writs calling an election 



LEGISLATIVE DEPARTMENT 247 

for the choosing of a member in that district to fill out 
the unexpired term. A vacancy in the Senate may be 
filled by the governor appointing a member to serve out 
the unexpired term, or he may call an election for the 
choice of a member to fill the unexpired term. 

Term of Service. The term of service fixed by the 
Constitution is two years for representatives and six 
years for senators. The framers of the Constitution 
wished to provide for a frequent return of their officers 
at the will of the people so as to insure democratic 
government, yet they wished to avoid the instability 
caused by too frequent changing, so they provided for a 
short term of two years for members of the lower house 
and a long term of six years for members of the upper 
house. This happy arrangement gives the people 
opportunity to assert their power in the lower house 
by calling their representatives to account every two 
years, while it avoids the radical shifting about by chang- 
ing the entire national legislature at any one time. 

Officers of the Houses. The officers of the House of 
Representatives consist of a speaker, clerk, sergeant-at- 
arms, door-keeper, postmaster, and chaplain. The 
speaker is elected by the members of the House from 
their own number and is the recognized leader of the 
majority party at the time of being chosen. Until a 
speaker is elected the clerk of the old House acts as 
presiding officer. The officers serve for the entire 
Congress, that is, for two sessions, which is two years. 
The officers of the Senate consist of the Vice-President 
of the United States who is the presiding officer; a 
president pro tern, to preside in the absence of the Vice- 
President; a secretary, a sergeant-at-arms ; a chaplain, 
and two doorkeepers. 



248 GOVERNMENT OF THE UNITED STATES 

Compensation of Members. The Constitution de* 
clares the senators and representatives shall receive a 
compensation for their services to be paid out of the 
treasury of the United States. At the beginning of the 
government they received six dollars per day and 
mileage. From 1815 to 1817, each member received 
$1500 per year and mileage. From 1817 to 1855, the 
salary was eight dollars per day and mileage. From 
1855 to 1865 it was $3000 per year and mileage. From 
1865 to 1871 it was $5000 per year and mileage. From 
1871 to 1873 it was $7500 per year and mileage. From 
1873 to 1896 it was reduced again to $5000 per year and 
mileage. At present the yearly salary is $7500 per 
year and twenty cents per mile going and coming by the 
nearest route between their homes and the capital, and 
$1200 per year for a secretary and $125 for stationery, 
together with the free use of the mails for business 
purposes, and the use of a suite of rooms in the office 
buildings specially provided for that purpose. 

Sessions of Congress. The Constitution in Article I, 
Section 4, fixes the time of the yearly meeting of Con- 
gress as the first Monday in December. There are 
therefore annual meetings of Congress and each meeting 
constitutes a regular session. If the President thinks 
necessary he may call an extra session, which is then 
known as an extra session of a regular Congress. As 
Congress consists of two regular sessions and extends 
over a period of two years, one may always determine 
the number of the present Congress, by dividing the 
number of years since 1789 by two, for each Congress 
covers a period of two years. The first session is the 
long session and begins the first Monday in December 
and lasts until the middle of the following summer. 
The second session is the short session, beginning the 



LEGISLATIVE DEPARTMENT 249 

same time in December and ending at noon on the fourth 
day of March following. The election of members of 
both houses of Congress takes place on the first Tuesday 
after the first Monday in November in even numbered 
years, but the members elected at that time do not 
take their offices until the December of the following year. 
Bills introduced in the House may carry over from the 
long to the short session, but they perish at the close 
of the short session. Bills introduced in the Senate may 
not only carry over from a long to a short session, but may 
carry over from one Congress to another. The daily 
sessions begin at twelve o'clock noon, and usually last 
until four or six o'clock in the evening. Either house 
may, however, prolong its session far into the night, or as 
is the case in time of war, may hold all night sessions. 
The houses seldom meet on Saturday and never on 
Sunday unless in extreme emergency, such as war. 

Quorum. The Constitution in Article I, Section 5, 
declares a majority of either house shall constitute 
a quorum to do business. By a quorum is meant the 
number necessary to make transactions legal. If when 
either house is called together a smaller number than 
a quorum is present, but as many as fifteen besides the 
speaker, they may issue orders to the sergeant-at-arms 
to go out and compel the other members to attend. The 
term majority is now generally understood to mean a 
majority of all members having been duly elected, or 
in other words, vacancies are not counted. 

Procedure in Congress. Each house of Congress 
is given power to determine its own rules of pro- 
cedure and may pass appropriate legislation for the 
enforcement of its rules and regulations. Either house 
may punish its members for disorderly conduct, may 
suspend any member, or upon a two-thirds vote of 



250 GOVERNMENT OP THE UNITED STATES 

these present may expel a member. Generally speaking, 
all meetings of both houses are open to the public, and 
galleries are provided for the seating of visitors. Either 
house may, however, exclude all but its own members 
any time it chooses. Such act is called going into 
executive session. Each house is required to keep a 
journal of its proceedings and to publish it from time 
to time. It may, however, exclude such parts of the 
proceedings as may in its judgment require secrecy. 
The ordinary debates are published daily in the 
Congressional Record. The Constitution determines 
the matter of adjournment in the following words, 
" Neither house, during the session of Congress, shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which 
the two houses may be sitting." 

The Legislative Process. All legislation enacted by 
Congress is at first presented in one house or the other 
in the form of bills. A bill is a printed form or statement 
of a proposed law. The bill when passed by either house 
may have undergone radical changes in the debates either 
in committee or on the floor of the house. The Constitu- 
tion in Article I, Section 7, mentions three ways in 
which a bill may become a law. First, it may be intro- 
duced by a member and passed by both houses and 
signed by the President. It is then a law of the United 
States. Second, if after passing both houses it is dis- 
approved of by the President it is returned to the house 
in which it originated and if that house sees fit to again 
pass the bill, this time by a two-thirds vote, and after so 
passing it the other house also passes the bill by the 
same vote, then the bill has become a law despite the 
President's veto. Third, if the bill passes both houses 
by a majority vote and the President neglects to return 
it within ten days, Sundays excepted, then it becomes 



LEGISLATIVE DEPARTMENT 251 

a law regardless of the President's signature, unless 
Congress adjourns in the meantime. 

Steps in the Passage of a Bill. To illustrate the enact- 
ment of a bill into law we will follow a bill through the 
various stages in the lower house. The passage through 
the upper house is similar to that in the lower house. 
First, the bill is introduced. This is done by handing 
it to the speaker or laying it on his desk, if it is a public 
bill; if it is a private bill it is handed to the clerk of the 
House. It is then referred to the order of business to 
which the bill belongs. Second, when that order of 
business is reached the bill is read by its title only and is 
then referred by the speaker to the proper committee. 
Third, in the committee the bill may be discussed and 
disposed of in either of four ways: they may decide not 
to report it at all, which is called killing the bill in 
committee ; they may decide to report it so late in the 
session that no action can be taken upon it; they may 
decide to report it adversely, which generally causes 
its defeat; they may decide to report it favorably, which 
is a good recommendation for its passage. Fourth, 
it is reported by the committee to the House and is read 
a second time, this time in full, and is then placed on the 
calendar to await its turn. This means it may be brought 
up at its regular time on the calendar, but may also be 
passed over and other bills given precedence by a vote 
of the house, and thus this bill is delayed. Fifth, the 
bill when reached in its place on the calendar is read 
a third time by title only, unless a full reading is de- 
manded. The question is then put, " Shall the bill pass? " 
which is a formal way of submitting the bill to open dis- 
cussion. The debate may now be short and the bill 
uncontested, or it may be long and bitterly contested, 
as are some of the purely partisan measures. Sixth, 
the " previous question" is called for, which means a 



252 GOVERNMENT OF THE UNITED STATES 

vote is to be taken. The debate is now closed by the 
member reporting the bill and the vote is taken. The 
ordinary manner of voting is by acclamation, but if 
one-fifth of those present request it a journal vote is 
taken and the roll called and the ayes and noes are re- 
corded. If a further vote is requested a division of the 
House is made in which all those favoring the bill pass 
to one side of the center aisle while those opposed pass to 
the other. Seventh, if the bill passes the House it is 
then signed by the speaker and by the clerk and is taken 
to the Senate. In the Senate, it is at once referred by 
the presiding officer to the proper committee, after which 
it goes through about the same routine as it did in the 
House. If it passes the Senate without amendment it 
goes at once to the President for his signature. If the 
Senate changes the bill in any way from what the House 
left it, then it must again pass the House before being 
carried to the President. 

QUESTIONS 

1. In what ways did the Congress of the Confederation 
differ from the Congress of the United States? 

2. How may senators and representatives be removed 
from office? 

3. Must a representative live in the district in the state 
from which he is chosen? 

4. When were United States senators first chosen by 
popular vote? 

5. How may a vacancy in the office of United States 
senator be filled? 

6. What is the number of the present Congress? 

7. Trace a measure from the time it is introduced into 
the lower house until it becomes a law. 

8. What is meant by a division of the House? 

9. How may the President influence legislation in Con- 
gress? 

10. Who is the present Speaker of the House of Represen- 
tatives? Who is now the President of the Senate? 



CHAPTER VI. 

LEGISLATIVE DEPARTMENT 

{Continued) 

General Powers of Legislation. The regulation of 
commerce was one of the difficulties that led up to the 
Federal Convention in 1787. Under the Confederation 
the power to regulate commerce was left largely in the 
hands of the states. This resulted in a variety of legis- 
lation which in turn greatly hampered the control of 
both domestic and foreign commerce. Under the 
Constitution the control over commerce, both domestic 
and foreign, was given to Congress. This power necessi- 
tates the enactment of many laws for the protection 
and facilitation of our commerce. The government 
has designated certain seacoast cities as ports of entry, 
and through these ports all goods brought in from 
foreign countries must enter. Ships entering our har- 
bors must do so under the rules and regulations laid 
down by Congress, and every vessel must "clear" and 
"enter" and the master must show evidence that all 
harbor u duties have been paid and all regulations have 
been observed. This country has since the beginning 
levied duties upon certain articles imported from foreign 
countries. The purpose has been two-fold, to raise 
money to pay the running expenses of the government, 
and to give protection to new industries so as to en- 
courage their growth and aid in the country's develop- 
ment. To collect these import duties requires a great 

253 



254 GOVERNMENT OF THE UNITED STATES 

army of officers and clerks at every port where ships 
enter. Passenger ships carrying persons to and from 
this country also come under the commerce powers of 
Congress. Congress has enacted immigration laws 
governing the manner by which foreign people may enter 
the United States and become citizens. For the protec- 
tion of ships, Congress has passed laws for the erection 
of lighthouses, the building of life-saving stations, the 
improvement of harbors, licensing of pilots, making 
coast surveys, etc. Congress also has charge of inter- 
state commerce and has created an interstate commerce 
commission to exercise such detailed power as seems 
necessary to the proper regulation of interstate traffic. 
The commission consists of five persons appointed by 
the President with the consent of the Senate and has 
power to determine when rates are reasonable; to pre- 
vent unfair discrimination between persons or corpora- 
tions; to require that short hauls are made at the same 
proportionate cost as long hauls; and that there should 
be no "pooling" agreements between railroads whereby 
they agree to divide a common fund of earnings in pro- 
portion to their size and thus do away with reducing of 
rates. 

Congress has power to establish uniform rules of 
naturalization and to declare who shall become citizens 
of the United States. The law requires that every 
foreigner wishing to become a citizen of the United States 
shall become naturalized. This process requires that 
the person appear before a court of record and declare 
his intention of becoming a citizen and at the same time 
renounce his allegiance to his former government. After 
having had a continuous residence in this country of 
five years and at least two years having passed since 
his first declaration, he must again appear before a 
similar court and renew his declaration and again re- 



lEGISLATIVE DEPARTMENT 255 

nounce his allegiance to his former government, and 
present two witnesses that he has during this time lived 
in faith and obedience to the Constitution of the United 
States. The wife and minor children receive naturaliza- 
tion through the naturalization of the husband and 
father. Children born to American citizens traveling 
abroad are considered as native born. Naturalization 
is denied to Chinese and Japanese. 

Congress has power to establish post-offices and post 
roads. The carrying of the mails is a work of such mag- 
nitude and complexity that no other authority than the 
Federal Government could ever undertake it. There 
is no city, town, or village hamlet anywhere throughout 
the civilized world but what a letter properly addressed 
and stamped will be carefully delivered to it. This is 
possible through the United States mail service, which 
extends through all the states and to foreign countries. 
Congress through laws enacted has made agreements 
with all civilized nations for the exchange of postal 
service. 

Congress also has power to punish counterfeiting. 
By counterfeiting we mean "to make a copy of anything 
without authority or right, and with a view to deceive 
or to defraud by passing the copy as original or genuine." 
The Constitution provides that Congress shall have power 
to provide for the punishment of counterfeiting the 
securities and current coin of the United States. One 
may counterfeit the money of the United States by 
manufacturing, putting into circulation, or having in 
possession with intent to put into circulation forged 
coins or securities of the United States. Securities of the 
United States include bonds, paper money, postage 
stamps and revenue stamps, etc. Some of the states 
as well as the Federal Government have enacted laws 
punishing counterfeiting. It is as much subject to 



256 GOVERNMENT OF THE UNITED STATES 

punishment to counterfeit the coins, bonds and securities 
of other countries as to counterfeit those of the United 
States. 

The Constitution, in Article I, Section 8, gives to 
Congress the power to establish uniform laws on the 
subject of bankruptcy throughout the United States. 
To become a bankrupt is for a person to acknowledge 
both his assets and his liabilities and turn over the whole 
of his property to the proper officials appointed by the 
courts to settle the debts of such person. To take 
advantage of the bankrupt laws is generally considered 
an evil act, but there may be instances in which an 
individual is justified. States are allowed to pass such 
laws concerning bankruptcy as do not conflict with the 
laws of the United States on the same subject. 

Congress also has power to define and punish piracies 
and felonies committed on the high seas and offenses 
against the law of nations. Piracy is the committing 
of robbery on the high seas. Felony is the name given 
to any serious crime and if committed on the high seas it 
is evident that no state would have jurisdiction over it; 
therefore such acts are punished under federal law. 
Both of these powers are exercised in the general pro- 
tection over commerce. 

The power to regulate the standards of weights and 
measures also rests with Congress. This again is chiefly 
for the aid of commerce between the states and with 
foreign nations. Great confusion would exist if the 
various states had different systems of weights and 
measures. In 1875, a bureau of weights and measures 
was established and in 1901 a national standardizing 
bureau was established in the treasury department. 

A copyright is a printed statement of the security 
given to authors or artists to the exclusive right of their 
writings or art productions for a limited time. The 



LEGISLATIVE DEPARTMENT 257 

object of the copyright law is to protect authors from 
having their books published without their permission. 
The granting of such rights encourages the progress 
of science and useful arts. To secure a copyright one 
must send to the librarian of Congress a printed copy 
of the title, if it is a book or drawing, etc., and im- 
mediately upon publication, two copies of the same 
book, drawing, etc. A fee of one dollar must accompany 
the application, and the copyright when granted is 
good for twenty-eight years and may be renewed for 
fourteen more. 

A patent right is the permission to the exclusive use 
for a limited time, of a new and useful invention. The 
patent gives the inventor the sole right to make and 
sell the article for the term of seventeen years and if 
renewed to extend the time for seven years longer. A 
patent is obtained by making application to the com- 
missioner of patents and including with the application 
a full description of the article and drawings, and if 
possible, a model. The cost of a patent is the sum of 
fifteen dollars paid when the application is first made and 
an additional twenty dollars if the patent is allowed. 

The war powers of Congress as given by the Constitu- 
tion may be stated in the terms of the first article as 
follows: Congress has power to declare war, grant 
letters of marque and reprisal, and make rules concern- 
ing captures on land and water; to raise and support 
armies, but no appropriation of money to that use shall 
be for a longer term than two years; to provide and main- 
tain a navy; to make rules for the government and the 
regulation of the land and naval forces; to provide for 
the calling forth of the militia to execute the laws of the 
United States, suppress insurrections, and repel invasions; 
to provide for organizing the army and for disciplining 
the militia; Congress also has right to control all places 



258 GOVERNMENT OF THE UNITED STATES 

in the states in which forts, magazines, arsenals aad 
docks are maintained for the use of the federal troops 
or for the army. 

Elastic and General Welfare Clauses. The powers 
conferred on Congress by the Constitution are, generally 
speaking, clear cut and definite. They are specific 
in their nature and easy of interpretation. They give 
to Congress certain powers through which it may do 
certain acts. But there are at least two clauses in the 
Constitution that give to Congress general powers under 
which it may enact legislation not specifically mentioned 
in any part of the fundamental law of the land. In 
Article I, Section 8, Clause 18, the Constitution says 
the Congress shall have power "To make all laws which 
shall be necessary and proper for carrying into exe- 
cution the foregoing powers, and all other powers 
vested by this Constitution in the Government of the 
United States, or in any department or officer thereof.' ' 
The discussion over the interpretation of this elastic 
clause gave rise to the two early political groups known 
as the " loose constructionists'' and the "strict con- 
structionists." When Hamilton argued in support of 
the charter for the first United States Bank he said this 
clause clearly stated that Congress had the power to 
charter a bank because the bank was necessary to carry 
out other powers specifically given to Congress by the 
Constitution. The general welfare clause is found in 
Article I, Section 8, Clause 1. It says Congress shall 
have power "To lay and collect taxes, duties, imposts 
and excises, to pay the debts and provide for the common 
defense and the general welfare of the United States." 
Under this clause Congress has enacted legislation that 
is nowhere specifically mentioned in the Constitution. 
The Supreme Court has also upheld many acts of legis- 



LEGISLATIVE DEPARTMENT 259 

lation on the ground that they were for the general 
welfare of the country. 

Special Powers Given to Each House. The Consti- 
tution provides that each house may perfect its own 
organization and control its own members. In addition 
to the power of organization the House may exercise 
four special powers: the power to initiate all bills for 
raising revenue; the power of impeachment; the power 
to elect the President in case no choice is made by the 
electors; the power to defeat a treaty requiring an 
appropriation to carry it out, by refusing to make the 
appropriation. The Senate has four special powers 
also: power to ratify treaties; power to confirm appoint- 
ments of the President; power to act as a court of 
impeachment; power to choose a Vice-President in case 
of no election. 

The Committee System. The object of committees 
in either branch of a legislature is to hasten the process 
of legislation. During a single session of Congress there 
are often more than thirty thousand bills introduced. 
If each one of these bills were discussed by the whole 
House, even though each were given but a few minutes, it 
would require much more time than the session affords. 
At such rate many bills could not be considered at all. 
But each committee acts as a little legislature in itself, 
and if there were ten committees holding that many 
sessions at one time, there would in reality be ten differ- 
ent legislatures working instead of one. By this method 
many more bills may be considered than what one house 
alone could attend to. 

In the sixty-first Congress there were seventy-two 
standing committees in the Senate and sixty-two in the 
House. Usually there are also several select committees, 



260 GOVERNMENT OF THE UNITED STATES 

and occasionally a few joint committees. In the Senate 
the committees vary in size from three to twenty mem- 
bers; in the House from five to twenty. The most im- 
portant committees in the Senate are those on appro- 
priations, commerce, finance, foreign relations, interstate 
commerce, judiciary, etc. In the House the most im- 
portant committees are ways and means, appropriations, 
banking and currency, foreign affairs, interstate and 
foreign commerce, etc. The committees in the Senate 
are appointed by the Senate itself from the recommenda- 
tions made by two committees chosen for that purpose. 
In the House, according to the new rule adopted in 1911, 
all standing committees are elected in a manner similar 
to the method used in the Senate. The chairmanship 
of each committee is given to a member of the dominant 
party and that party also has a majority of the members 
on each committee. 

Powers of the Speaker. Previous to 1911, the speaker 
had the power to appoint all committees; to choose the 
chairman of the committees; to refer bills to the com- 
mittees, unless overruled by the House; to act as chair- 
man of the committee on rules; to recognize whom he 
pleased on the floor of the House. The change made 
in the rules in 1911, took away from the speaker the 
power to act as chairman of the committee on rules, and 
also the power to name the committees and to choose 
the chairman. He still possesses the power to refer 
bills and to recognize members when they rise to speak 
during the sessions. He still possesses large powers 
over legislation through these two powers. He may 
practically refuse to recognize a member of the opposi- 
tion party if a member of his own party wishes to speak 
at the same time. 



LEGISLATIVE DEPARTMENT 261 

QUESTIONS 

1. What is the difference between foreign commerce and 
interstate commerce? 

2. State the full process whereby a foreigner may become 
a citizen of the United States. 

3. What is the punishment for counterfeiting the se- 
curities of the United States? 

4. How may a person secure a copyright to a book he 
wishes to publish? 

5. For how long is a patent right good? What is the 
cost of securing it? 

6. Who has power in the United States to declare war? 
Who may declare peace? 

7. What is meant by the elastic clause in the Constitu- 
tion? 

8. What special powers does each house of Congress 
possess? 

9. Of what benefit are committees in Congress? How are 
committees chosen in the House of Representatives? 

10. In what way does the speaker have great influence 
over legislation in Congress? 



CHAPTER VII. 

EXECUTIVE DEPARTMENT 

Necessity of an Executive. Good government re- 
quires that laws shall be enforced as well as laws shall 
be enacted. No matter how excellent the laws may be, 
if they are not enforced, the government will be of 
little effect. The chief duty of the executive is to en- 
force the laws and compel the people to observe them. 
In order to carry out this duty the President, as chief 
executive, is given great authority and power. He is 
the commander-in-chief of the army and navy and may 
use them, if necessary, in order to carry out the admin- 
istration of the government. However important may 
be the powers of the President to pass legislation, and 
however much power he may have over the judiciary 
through the power of appointment of judges, it still 
remains true that the president's greatest power is the 
enforcement of the law. 

When the Constitutional Convention was in session 
at Philadelphia, it spent more time discussing the duties 
and powers of the executive, and the form the office 
should take, than it did any other department. At one 
time it was suggested that the executive office should 
be multiple in form, that is, it should consist of two or 
more persons. The Virginia, Hamilton and Pinckney 
plans all agreed that the executive should consist of one 
person. The term of office was also difficult to deter- 
mine. Various suggestions were made and the term 
varied from two years to life tenure. 

262 



EXECUTIVE DEPARTMENT 263 

Qualifications for President. The Constitution de- 
termines the qualifications for President and says he 
must be at least thirty-five years of age, he must be a 
native-born citizen or a citizen at the time of the adop- 
tion of the Constitution, and must be fourteen years a 
resident of the United States. The Vice-President has 
the same qualifications as does the President. When 
the Constitution was made there were many good and 
patriotic men in the United States who were foreign born. 
Some of them were Hamilton, James Wilson, Albert 
Gallatin and William Patterson, any one of whom was 
well qualified to act as President of the nation. The 
clause in the statement of qualifications for President, 
saying any "citizen at the time of the adoption of the 
Constitution," was intended to favor such men. 

Method of Election. The Constitution provides 
that each state may choose, in any manner the state 
legislature may direct, as many electors as the state has 
members in both houses of Congress. The electors 
shall meet in their respective states, and vote by ballot 
for President and Vice-President, one of whom shall not 
be of the same state as the other. The vote of the elec- 
tors is then signed and sealed and transmitted to the 
President of the Senate who, in the presence of the Senate 
and the House of Representatives, shall open all the 
certificates and the votes shall be counted. The person 
having the greatest number of votes for President shall 
be President, and the person having the greatest number 
of votes for Vice-President shall be Vice-President. 
If no person has a majority of all votes for President, 
the House of Representatives shall immediately choose 
a President from the three having the highest number 
of votes. If no Vice-President is chosen by election, 
the Senate shall immediately choose by ballot a Vice- 



264 GOVERNMENT OF THE UNITED STATES 

President from the two candidates for Vice-President 
having the highest number of votes. When the House 
chooses a President a quorum shall consist of a member 
or members from two-thirds of the states. When the 
Senate chooses a Vice-President a quorum shall consist 
of two-thirds of the whole number of senators, and 
the majority of the whole number shall be necessary 
to a choice. 

Defects in the System of Election. The Constitution 
at first provided that the electors should vote for two 
persons without designating which should be President 
and which Vice-President. As a result of this, when 
political parties came into existence, the President was 
apt to be chosen from one party and the Vice-President 
from another. This defect was remedied by the adop- 
tion of the twelfth amendment, which provided that each 
elector must vote for one person as President and another 
person as Vice-President. Another defect with the 
system is that the electoral college members may cast 
their votes without regard to the wishes of the majority 
of the people. At present the electors in each state cast 
their entire vote for the candidate favored by the party 
in the state casting the largest vote. Suppose in Iowa the 
Republican party cast a vote of eighty thousand, and 
the Democratic party cast a vote of ninety-five thousand, 
and other parties casting smaller votes — then the 
Democratic party would get all of Iowa's thirteen votes. 
Now suppose in New York State the vote between the 
larger parties was very close and the Republicans were 
to receive two hundred fifty thousand votes and the 
Democrats two hundred forty-five thousand — then 
all the electoral votes in New York would go to the Re- 
publicans, and that state has forty- two of them. Thus 
we see that in the electoral college the Republicans 



EXECUTIVE DEPARTMENT 265 

would have a majority of twenty-nine, while the majority 
of the people voted the Democratic ticket by ten thou- 
sand. This illustration only considers two states, but the 
result when all the states are considered is the same. 

Term, Salary, Re-eligibility. The matter of length 
of term of service of the President was long debated when 
the Constitution was being framed. Some members 
in the convention thought he should be chosen for a short 
term and subject to re-election if he gave satisfaction. 
Others thought that would cause the government to 
lack stability and bring about too frequent changes. 
Some advocated life tenure for the President. Others 
thought he ought to have a long term of seven or eight 
years and then be denied the privilege of re-election. 
It was finally compromised by fixing the term at four 
years and making the President subject to re-election. 
Custom has since practically determined that the Presi- 
dent may serve only two terms. The salary has changed 
from twenty-five thousand dollars during the early 
years, to seventy-five thousand dollars and traveling 
expenses at the present time. 

Presidential Succession. The Constitution provides 
that in case of removal, death, resignation, or inability 
of the President to serve, the Vice-President shall become 
President, and adds that Congress shall have power to 
make further provision as to the succession. In 1886, 
Congress passed a bill determining the presidential 
succession. It provides that in case of the inability of 
the President and the Vice-President to perform the 
duties of the office, the cabinet officers shall succeed 
in the following order: (1) Secretary of State, (2) Secre- 
tary of the Treasury, (3) Secretary of War, (4) Attorney- 
General, (5) Postmaster-General, (6) Secretary of the 



266 GOVERNMENT OF THE UNITED STATES 

Navy, (7) Secretary of the Interior. The other cabinet 
officers of the present time did not then exist, and as 
they are not named in the law, they are held as not being 
within the list of succession. 

Duties and Powers. It is to be remembered that the 
duties and powers of the President are primarily execu- 
tive. We have already said his chief function is the 
execution of the law, but this does not include every 
power he has, for he may exercise certain powers in both 
legislative and judicial matters. His executive func- 
tions are set forth in Article II, Section 2, of the Consti- 
tution and are the following: he is commander-in-chief 
of the army and navy of the United States, and of the 
militia of the several states when called into the service 
of the United States; he may require his cabinet officers 
to make written reports to him concerning their de- 
partments; he may make treaties with the advice and 
consent of two- thirds of the Senate : he may nominate, 
and with the advice and consent of the Senate, appoint 
ambassadors, other public ministers and consuls, judges 
of the Supreme Court, and all other officers not other- 
wise provided for by the Constitution or by law; he 
may receive ambassadors and other public ministers; 
he may commission all officers of the United States; 
he must see to it that all federal laws are faithfully 
executed. His legislative powers include the power 
to sign or veto bills passed by Congress; to give to 
Congress information concerning the state of the Union, 
to recommend to Congress such legislation as is needed 
by the country; to call special sessions of Congress when 
he thinks it is necessary; to adjourn Congress when the 
two houses cannot agree upon a time for adjournment. 
His judicial powers include the power to grant reprieves 
and pardons, and to commute sentences for offenses com- 



EXECUTIVE DEPARTMENT 267 

mitted against the United States except in cases of 
impeachment. 

It will be readily observed that the duties and powers 
as given are not strictly classified. Some are primarily 
of one nature, yet include acts of another nature. In 
the making of treaties, for example, the President exer- 
cises both legislative and executive powers at one and 
the same time. When he pardons a person guilty of 
committing an offense against the United States, he 
at once performs both an executive and a judicial act — 
it is executive in that he stops the further executive 
act of punishing, while it is judicial in that he has set 
aside a verdict of the court. 

The Veto Power. The President has what is known 
as the qualified veto power. He may veto a bill that 
has passed both houses of Congress and is presented to 
him for his signature. That act does not absolutely stop 
the enactment of the bill into a law, for the two houses 
may by a two- thirds vote, pass the bill over the veto. 
The President's veto is very effective and it is very 
seldom that Congress will pass a bill over the veto of the 
President. If Congress sends a bill to the President at 
the close of the session and then adjourns, it will cause 
the bill to be lost. This is what is called a pocket veto. 
The only way to avoid a pocket veto is for Congress to 
remain in session for at least ten days (Sundays excepted) 
after the last bill is sent to the President. The object 
of the veto is to protect the nation from hasty and unwise 
legislation. By its use the President can prevent a bad 
bill from becoming a law. 

The Vice-President. The Vice-President has no duties 
as such, as long as the President remains in office. While 
the President is in office the only duty involving upon 



268 GOVERNMENT OF THE UNITED STATES 

the Vice-President is to preside over the Senate. He 
is President of the United States Senate and as such 
has no authority to advise or assist the President in any 
way. Upon the death or removal of the President from 
office the Vice-President becomes President. 

Impeachment. Article II, Section 4, of the Constitu- 
tion reads: The President, Vice-President, and all 
civil officers of the United States, shall be removed from 
office on impeachment for, and conviction of, treason, 
bribery, or other high crimes and misdemeanors. The 
process of impeachment consists of two separate acts : 
one is the bringing of a formal accusation against the 
person by the House of Representatives — this is known 
as being impeached; the other act is the formal trial 
of the accused person by the United States Senate, which 
trial may result either in a conviction or an acquittal. 
Since the beginning of the government in 1789 there 
have been nine instances of impeachment by the House 
and three cases of conviction by the Senate. The 
punishment on impeachment and conviction extends 
only to removal from office and disqualification to hold 
or enjoy any office of honor or trust under the United 
States. In case of conviction the judgment may be but 
a part of the entire punishment, that is, a person may be 
removed from office, but not disqualified from again 
holding office. The persons impeached have been as 
follows: William Blount, Senator from Tennessee, 
1797-98; John Pickering, District Judge from New 
Hampshire, 1803-04; Samuel Chase, Justice of the 
Supreme Court, 1804-05; James Peck, Judge of the 
District Court, 1829-30; West H. Humphreys, District 
Judge for Tennessee, 1862; Andrew Johnson, President 
of the United States, 1867; William W. Belknap, 
Secretary of War, 1876; Charles Swayne, District Judge 



EXECUTIVE DEPARTMENT 269 

for Northern Florida, 1905; Robert W. Archbold, Judge 
of the United States Court of Commerce, 1912-13. In 
the case of William Blount the Senate decided it had 
no power to impeach senators and representatives. 
Pickering, Humphreys and Archbold were convicted 
and removed from office; the other cases resulted in 
acquittal. 

QUESTIONS 

1. What are the chief duties of the President of the 
United States? 

2. State the qualifications for President. Could Hamil- 
ton have been elected President? 

3. Tell how a President of the United States is chosen. 

4. What are the defects in the present system of choos- 
ing a President? 

5. When was the salary of the President raised to 
seventy-five thousand dollars? 

6. State the order of succession to the presidency. 

7. Mention one legislative and one judicial power of the 
President. 

8. How may Congress pass a bill over the President's 
veto? 






CHAPTER VIII. 

EXECUTIVE DEPARTMENT 

(Continued) 

Origin of the Cabinet. The Constitution does not 
directly provide for the cabinet. The cabinet was or- 
ganized in accordance with an act of Congress passed 
in 1789, providing for such body of advisers to the Presi- 
dent of the United States. Article II, Section 2, of the 
Constitution, says the President may require the opinion 
in writing, of the principal officers in each of the executive 
departments, upon any subject relating to the duties 
of their respective offices. This would indicate that 
the Constitution makers had in mind some such body of 
executive heads as the later act of Congress provided 
for. The purpose of the act providing for the cabinet 
is to give to the President the power to appoint the heads 
of the various executive departments of the Federal 
Government and to choose them from among such 
political leaders as will work in harmony with the views of 
the President and with those of the administration. 

Organization of Departments. The act of 1789 
created three department heads, known as cabinet 
members — Secretary of State, Secretary of the Treasury, 
and Secretary of War. Another department existed and 
had at its head the Attorney- General, but he did not be- 
come a member of the cabinet until a later date. Other 
heads of departments were admitted to seats in the 

cabinet as follows: Secretary of the Navy, 1798; Post- 
270 



EXECUTIVE DEPARTMENT 271 

master-General, 1829; Secretary of the Interior, 1849; 
Attorney-General, 1870; Secretary of Agriculture, 1889; 
Secretary of Commerce, 1903; Secretary of Labor, 1913. 
The departments are thoroughly organized, each having 
at its head a secretary, who is appointed by the President 
and confirmed by the Senate, and is directly responsi- 
ble to the President. Any cabinet member may be 
removed from office by the President at will and the 
removal may take place immediately except in case of the 
Secretary of the Treasury and the Postmaster- General, 
both of whom must have a specified time in which to close 
up the accounts of the office. Each department is sub- 
divided into bureaus each with a commissioner at its 
head, who is directly responsible to the secretary. The 
bureaus are again subdivided into divisions, each of which 
has its chief, who is responsible to the commissioner. 
Below these subdivisions, or similar subdivisions, are 
many secretaries and clerks taking care of the routine 
business of each department. 

The State Department. The Secretary of State is at 
the head of the State Department. He is the ranking 
officer of the cabinet and is the first in the line of presi- 
dential succession after the Vice-President. He is given 
precedence to other members of the cabinet on ceremonial 
occasions and sits at the right hand of the President during 
cabinet meetings. There are three or more assistant 
secretaries in the department, one of whom is a perma- 
nent officer and does not change with a change of presi- 
dents. The Secretary of State has three different func- 
tions: First, he is the keeper of the great seal and of the 
archives of the United States. Under this function he 
countersigns the proclamations and commissions of the 
President and receives and publishes the acts and pro- 
ceedings of Congress. Secondly, the Secretary is the 



272 GOVERNMENT OF THE UNITED STATES 

agent between the Federal Government and the states 
of the Union. As such he receives requests from foreign 
countries for the extradition of criminals, and requests 
from the governors of the states for troops to quell riots 
or domestic disturbances. Thirdly, the Secretary is 
the agent between the United States and foreign coun- 
tries. In this capacity he is the minister of foreign 
affairs and carries on all diplomatic correspondence with 
other nations. 

Department of the Treasury. The Secretary of the 
Treasury is at the head of the department which concerns 
itself principally with the care of the nation's finances. 
The work of the department includes the administra- 
tion of the revenue laws, the caring for the nation's 
money, the auditing and accounting service, the ad- 
ministration of currency and national banking laws, 
and various miscellaneous duties not exactly belonging 
to the department, such as the life-saving service, print- 
ing and engraving, the construction of public buildings, 
and marine hospital service. The Secretary of the 
Treasury estimates the probable revenue and the probable 
expenditures of the government from year to year, and 
he submits these estimates to Congress. The chief 
officers of the department next to the Secretary are: the 
treasurer, who receives and disburses upon proper war- 
rant all public moneys; the register of the treasury, 
who issues and signs all bonds of the United States; the 
comptroller of the treasury, who prescribes the form 
of keeping the accounts and decides upon the validity 
of payment; the six auditors, who examine and settle 
all claims for the various departments; the director of the 
mint, who administers the coinage laws; the comptroller 
of the currency exercises supervision over the national 
banks. 



EXECUTIVE DEPARTMENT 273 

The War Department. The Secretary of War directs 
the military affairs of the government and is next to the 
President in the control over the army. He has charge 
of the army records, directs the purchase of army stores 
and supplies, provides army transportation, and is in 
charge of the signal service. The department has various 
bureaus under the charge of the following officers : The 
adjutant-general, the quartermaster-general, the com- 
missary-general, the paymaster-general, the surgeon- 
general, the chief of engineers, the judge-advocate gen- 
eral, the chief signal officer, the chief of ordnance and 
the inspector-general. The President is the commander- 
in-chief of the army and navy. He carries out his wishes 
through the Secretary of the War Department and through 
the general army staff, consisting of about sixty officers, 
ranging from captain to brigadier-general. The chief 
of staff is in charge of the army and is accountable 
only to the President and to the Secretary of War. 

Department of Justice. The Attorney- General is the 
head of this department and is the chief legal adviser 
of the President and other federal officers. He represents 
the United States in cases before the Supreme Court 
and he has a supervisory control over the United States 
district attorneys and over the marshals and federal 
penal institutions. He renders opinions upon questions 
of law submitted to him, and his decisions are bound 
and constitute a valuable body of constitutional and 
administrative law. 

Post-office Department. The Postmaster-General is the 
head officer of the Post-office Department . He establishes 
and discontinues post-offices, appoints postmasters of the 
fourth class, issues postal regulations and makes postal 
treaties with other nations, awards mail contracts, and 



274 GOVERNMENT OF THE UNITED STATES 

has supervision over domestic and foreign mail service. 
There are four assistant postmasters-general, each of 
whom has charge of some branch of the department's 
business. 

The Department of the Interior The head of this 
department is the Secretary of the Interior. The de- 
partment is one of the largest in the cabinet group of 
members, and next to the post-office department serves 
more people directly. This department has charge of 
public lands, Indian affairs, the geological survey, 
patents, pensions, and the government of territories. 
There are two assistant secretaries besides six commis- 
sioners and two directors. 

The Navy Department. The Secretary of the Navy, 
like the Secretary of War, is generally taken from civil 
life and is frequently unacquainted with naval affairs 
until entering office. He is next to the President in the 
control over the United States Navy. The Navy De- 
partment has general supervision over the construction, 
manning, equipment and employment of war vessels. 
There are seven bureaus in the department each under 
a naval officer. The bureaus are: The bureau of yards 
and docks, equipment and recruiting, ordnance, con- 
struction and repair, steam engineering, supplies, and 
medicine and surgery. 

Department of Agriculture. The head of this de- 
partment is the Secretary of Agriculture. The purpose 
of the department is to gather and disseminate among the 
people all information that is of benefit to those culti- 
vating the soil and raising live-stock, poultry, etc. The 
work includes the introducing of plants and seeds from 
one part of the country to another, the testing of what 



EXECUTIVE DEPARTMENT 275 

crops are best adapted to certain localities, and the 
methods of exterminating injurious animals and insects. 
The work of the department is divided among several 
bureaus the names of which indicate their purpose : The 
weather bureau; the bureau of animal industry; the 
bureau of plant industry; the bureau of forestry; the 
bureau of chemistry; the bureau of soils; the bureau 
of entomology; the bureau of vegetable physiology and 
pathology; the bureau of biological survey; the bureaus 
of seeds, botany, gardens, public road inquiries and 
experiment stations. 

Department of Commerce. Until 1913, the Depart- 
ment of Commerce was united with the Department of 
Labor and under both titles. Since 1913, the Depart- 
ment of Commerce relates primarily to commerce alone. 
This department includes the lighthouse board and 
establishment, the steamboat inspection service, the 
bureau of navigation, the work of the United States 
shipping commissioners, the coast and geodetic survey, 
the bureau of weights and measures, the bureau of 
statistics, the bureau of immigration and naturaliza- 
tion. 

Department of Labor. This department was created 
by an act of Congress passed in 1913, and it took up such 
duties as related to labor rather than to commerce. 
The work of the new department includes the bureau of 
the census, the bureau of labor, the bureau of fisheries, 
the bureau of corporations, the bureau of manufactures, 
etc. 



276 GOVERNMENT OF THE UNITED STATES 

QUESTIONS 

1. What marks the origin of the President's cabinet 
in the United States? 

2. How many cabinet officers were there in Washing- 
ton's cabinet? 

3. Give the dates at which each of the cabinet officers 
was admitted to a seat in the cabinet. 

4. What are the duties of the cabinet officers in their 
relation to the President? 

5. What relation has the cabinet officers to Congress? 

6. Describe the duties and powers of the Secretary of 
State. 

7. What officer in the Treasury Department has super- 
vision over national banks? 

8. Does the President ever command the troops of the 
United States in time of war? 

9. Who appoints postmasters? Are the postmasters 
under the civil service rules? 

10. Of what benefit is the Department of Agriculture 
to the American farmer? 



CHAPTER IX. 

THE JUDICIARY 

Origin of the Federal Courts. We have already 
noticed that one of the grave weaknesses of the govern- 
ment under the Articles of Confederation was that there 
was no system of federal courts. The only federal 
judicial powers existing at that time were such as Con- 
gress possessed and they were very limited. If a person 
counterfeited the currency of the United States, or if 
he robbed the mails, the Federal Government could not 
deal with him directly, but could only request the state 
in which the act was committed to punish the offender. 
The Federal Government could not reach the individual 
for the punishment of crime except through the states. 
Oftentimes the states did not like to punish one of their 
own citizens for committing an act against the Federal 
Government, but would have readily punished him had 
he committed the same act against the state. It also 
became clear that there must be somewhere a power and 
authority to interpret the acts of Congress and of the 
states and decide when they were in conflict with the 
Constitution of the United States. Were it not for such 
power laws might be in direct conflict with the Con- 
stitution and yet continue to be enforced in some of the 
states. The Constitution makers realized that there 
must be a system of federal courts for the interpretation 
of federal law and treaties, and for the trial of such 
cases as did not concern any of the states, or of cases 
between states. 

277 



278 GOVERNMENT OF THE UNITED STATES 

Present Federal Courts. The Constitution provides 
in Article III for the United States Courts. It says the 
judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Con- 
gress may from time to time ordain and establish. So we 
see that only one of the United States Courts — the 
Supreme Court — is directly provided for by the Consti- 
tution. The power to provide for all the other federal 
courts is given to Congress. Congress has made pro- 
vision for such other courts as the country needs, and has 
on two or three occasions abolished some and established 
others. During the years 1913-14, the federal courts 
were as follows: The Supreme Court, established by the 
Constitution; the Circuit Courts of Appeals, established 
in 1891; the District Courts, established in 1789; the 
Court of Claims, established 1855; the Court of Customs 
Appeals, established 1909; the Commerce Court, es- 
tablished 1910; two United States Courts for the District 
of Columbia, one a supreme court and the other a court 
of appeals. Other courts created by Congress, although 
not commonly known as federal courts, are: Supreme 
and district courts for the territories; consular courts, 
established in countries where the legal system is wholly 
different from that of America and England; and a Court 
of Private Land Claims. 

The judges of all these courts are appointed by the 
President and confirmed by the Senate and serve during 
good behavior. They may be removed from office only 
through the process of impeachment. The salaries 
received by the judges in the Supreme Court are $15,000 
for the chief justice and $14,500 for each associate justice. 
The judges in the Circuit Courts of Appeals receive $7000 
per year, and the judges in the District Courts receive 
$6000. Any judge of a United States Court who has 



THE JUDICIARY 279 

held his office for a period of ten years and has attained 
to the age of seventy years may retire on full pay. 

Jurisdiction of the Courts. The Supreme Court has 
original jurisdiction in all cases affecting ambassadors, 
other public ministers, and consuls, and cases to which 
a state is a party. By original jurisdiction is meant the 
authority to try a case the first time, or in other words, 
to allow the case to originate in that court. We can 
readily see that it is important that such cases as those 
named should be tried only in the Supreme Court. If 
the states were to try such cases there might be as many 
different interpretations as there are states. It is neces- 
sary that there should be uniformity. By appellate 
jurisdiction is meant the right to hear cases appealed 
from a lower court where they originated, and the appeal 
is allowed generally because some error has been com- 
mitted. The appellate jurisdiction of the Supreme Court 
includes cases concerning the construction or applica- 
tion of the National Constitution; the constitutionality 
of a law of Congress; the validity or construction of a 
law of Congress; the conformity of state laws to the 
National Constitution; appeals also lie to the Supreme 
Court from the supreme courts of the territories. 

The Circuit Courts of Appeals have only appellate 
jurisdiction. These courts may review the final deci- 
sions of the district courts on appeal or on writ of error. 
They may also give final decisions in patent, revenue, 
criminal and admiralty cases. There are nine circuit 
courts of appeal. 

The District Courts have jurisdiction in some civil 
cases and in admiralty cases. They also try cases where 
crimes are committed against the United States within 
the district or upon the high seas. The entire country 
is divided into District Court districts, and there are at 



280 GOVERNMENT OF THE UNITED STATES 

present from one to four courts in each district. The 
number of districts is about ninety, each state consti- 
tuting one district, or it may be divided into two, three 
or four districts. 

The Court of Claims is for the purpose of hearing claims 
made by citizens against the United States. The Consti- 
tution originally gave an individual the right to sue a 
state and such case was actually brought in 1793 in the 
person of Chisholm vs. Georgia. The decision of this 
case showed that an individual could actually destroy 
the sovereign power of a state and compel the state to 
yield. Congress was soon urged to amend the Con- 
stitution so as to forbid such suits against the United 
States. Such amendment was submitted by Congress 
and ratified by the states in 1798, and since that time 
an individual cannot sue the United States. 

The Court of Customs Appeals hears appeals from the 
decisions of the Board of Appraisers of the duties charged 
on imported goods. If an importer of goods thinks 
he has been unlawfully taxed he may appeal to the Board 
of Appraisers and from there, under certain conditions, 
he may appeal to the Court of Customs Appeals. 

The Court of Commerce hears appeals from the Inter- 
state Commerce Commission in much the same manner 
as does the Court of Customs Appeals from the Board of 
Appraisers. 

The Constitution and the Courts. We have seen that 
the Constitution provides for the courts by creating 
the Supreme Court and giving Congress power to pro- 
vide for other courts. We have also seen that the 
Constitution has determined the jurisdiction of the 
federal courts. It does not determine just what par- 
ticular jurisdiction each court must exercise, except 
in the case of the Supreme Court, but it leaves the distri- 



THE JUDICIARY 281 

bution of the jurisdiction among the different courts, 
to the will of Congress. We must remember, however, 
that Congress can neither increase nor diminish the 
total jurisdiction of the federal courts. It may create 
new courts and give them some of the jurisdiction of the 
other courts, or it may abolish a court and divide the 
jurisdiction formerly exercised by that court among 
other courts. The Constitution also guarantees certain 
protection to individuals when tried in federal courts. 
The fifth amendment provides that no person shall be 
held for a capital, or otherwise infamous crime, unless 
on a presentment or indictment of a grand jury. Some 
of the states have abolished the grand jury, and pro- 
vided for prosecutions in their courts without indict- 
ments so found, but this amendment forbids a person 
being so punished in a federal court. The first ten 
amendments do not place limitations upon the states, 
but only on Congress. The sixth amendment requires 
that in criminal prosecutions (in federal courts) the 
accused shall enjoy the right of a speedy and public 
trial, by an impartial jury of the state and district 
wherein the crime shall have been committed. It also 
requires that he shall be informed of the nature and cause 
of the accusation, and that he shall have the right to 
be confronted by the witness against him, that he shall 
have compulsory process for obtaining witnesses in his 
favor, and that he shall have the assistance of counsel 
for his defense. The eighth amendment declares that 
excessive bail shall not be required, nor excessive fines 
imposed, nor cruel or unusual punishment inflicted. 
The Constitution also leaves to Congress the authority 
to define treason and to prescribe the punishment rather 
than to place such authority in the courts. 



282 GOVERNMENT OF THE UNITED STATES 

QUESTIONS 

1. How many departments of government existed under 
the Articles of Confederation? 

2. Could the Federal Government have arrested and 
tried a man for robbing the mail during the time of the 
Confederation? 

3. Give the names of the present United States courts? 

4. How many of the United States courts are directly 
provided for in the Constitution? 

5. What is the original jurisdiction of the United States 
Supreme Court? 

6. If one foreign ambassador in Washington injures 
another, in what court could the other bring suit? 

7. May an individual sue the United States? May he 
sue a state? 



CHAPTER X. 

TERRITORIES AND TERRITORIAL GOVERNMENT 

Origin of Territories. When the Constitution was 
adopted in 1789, the United States Government pos- 
sessed a large tract of western lands which was formerly 
claimed by some of the states, but had been ceded to the 
National Government while yet under the Articles of 
Confederation. This first area of public land included 
the entire strip of country between the Allegheny Moun- 
tains and the Mississippi River, and from the Great 
Lakes on the north to Florida on the south. On July 13, 
1787 r the lands north of the Ohio River were organized 
into the Northwest Territory and given a territorial 
government. This was the first instance of territorial 
government in the United States. On May 26, 1790, 
the lands south of the Ohio River were organized into 
the Southwest Territory, and given a territorial govern- 
ment very similar to that of the Northwest. In 1803, 
came the first instance of what we have later referred 
to as the policy of expansion. On April 30, 1803, the 
United States purchased the Louisiana Territory from 
France, and it was the first addition to the original 
territory of the United States. In 1819, we acquired 
Florida Territory from Spain by purchase. In 1845, 
Texas, which claimed to be independent from Mexico 
since 1835, applied for annexation to the United States, 
and was annexed by a joint resolution of Congress. 
By the treaty of Oregon in 1846, we acquired title to what 
is now Oregon, Washington, and Idaho. In 1853, we 

acquired a small strip of territory known as the Gadsden 

283 



284 TERRITORIES AND TERRITORIAL GOVERNMENT 

Purchase in the adjustment of our boundary with Mexico. 
In 1867, we purchased Alaska from Russia. In 1898, 
Congress annexed Hawaiian Islands by a joint resolu- 
tion. By the Treaty of Paris in 1898, the United States 
acquired Porto Rico, the Philippines and the island of 
Guam from Spain. On April 17, 1900, by a formal ces- 
sion of the islands by the chiefs, the United States came 
into possession of Tutuila, and about the same time 
we extended our claim to three small islands in the 
Pacific — Midway, Baker and Wake. By the treaty 
with Panama in February, 1904, we came into possession, 
occupation and control of the canal zone, a strip of land 
ten miles wide stretching across the Isthmus of Panama 
from ocean to ocean. For this land we paid the Republic 
of Panama the sum of ten million dollars. 

Territorial Government. The thirteen original states, 
together with Vermont, Kentucky, Texas, California and 
West Virginia, never existed as territories. All other 
states within the Union did at first have territorial govern- 
ment. The Constitution of the United States provides 
in Article IV, Section 2, Clause 3, that "The Congress 
shall have power to dispose of and make all needful 
rules and regulations respecting the territory and other 
property belonging to the United States." Under this 
provision of the Constitution Congress derives its power 
and authority to govern and control territories. The 
first territorial government was provided by an act of 
Congress on July 13, 1787, and was called the Organic 
Act for the Territory of the Northwest. It was a kind 
of Constitution for the territory according to which 
the people of that territory could govern themselves. 
The organic acts governing all other territories from that 
time to this have been copied largely from the Organic 
Act of 1787. Since the admission of Arizona and New 



TERRITORIES AND TERRITORIAL GOVERNMENT 285 

Mexico into the Union in 1912 we no longer have terri- 
tories within the contiguous portion of the United States. 
The District of Columbia is a territory in the sense of 
being governed like one, but it is not in a preparatory 
period for statehood like other territories have been. 
The District of Columbia is governed by Congress 
directly so as to give the Federal Government complete 
control over the capital city containing the government 
buildings. The District is governed by a commission 
of three members appointed by the President and con- 
firmed by the Senate. Two of the commissioners must 
be chosen from civil life and the third must be a military 
engineer chosen from the army. This commission has 
both executive and legislative control. Congress legis- 
lates directly for the District. The District has no 
delegate in Congress and the people have no voice in the 
government, and cannot vote for President. The taxes 
are divided among the people of the city and Congress 
— each paying half of the city's expenditures. The 
commissioners serve for a term of three years and receive 
an annual salary of $5000. 

The other territories of the United States may be 
classified into three groups — the fully organized terri- 
tories, those partially organized, and the unorganized 
territories. Hawaii and Porto Rico are examples of the 
first group. These territories were each given an organic 
act, according to which they enjoy large powers of local 
self-government, in 1900. Their governments are simi- 
lar, differing only in that in Hawaii both houses of the 
territorial legislature are elected by the people while 
in Porto Rico the members of the upper house are 
appointed by the President of the United States. The 
principal officers of each territory are appointed by the 
President with the consent of the Senate and comprise 
the following: A governor; a secretary; an attorney- 



286 GOVERNMENT OF THE UNITED STATES 

general; an auditor; a treasurer; a superintendent of 
public instruction; a chief justice; a commissioner 
of the interior, or, as in Hawaii, called public land com- 
missioner. The governor has power to veto acts of the 
legislature, and acts of legislation when passed by the 
territory are subject to disallowance by Congress. The 
territorial legislatures are bicameral in form. The 
upper house is known as the Council and the lower house 
as the House of Representatives. The judicial systems 
consist of a supreme court, whose judges are appointed 
by the President; of district courts, whose judges are 
appointed by the governor, and municipal courts, whose 
judges are elected by the people. These territories, 
as well as others, have each one delegate in the United 
States House of Representatives, who has the right to 
debate, but not to vote. 

The Philippine Islands comprise a territory of the 
second group, or partially organized territories. In such 
territories Congress exercises more immediate control 
than those fully organized. The act of 1909 provided 
for a governor-general; a secretary of the interior; a 
secretary of commerce and police; a secretary of justice 
and finance; a secretary of public instruction. All of 
these officers are appointed by the President and con- 
firmed by the Senate. The judicial system consists 
of a supreme court, whose judges are appointed by the 
President and Senate, and provincial courts and justices 
of the peace appointed by the governor-general. The 
legislature consists of a lower house elected by the people, 
and an upper house composed of the chief executive 
officers of the territory and four other members ap- 
pointed by the President. The Filipinos and the Porto 
Ricans have not been declared citizens of the United 
States. The people of Hawaii and of Alaska have been 
made citizens by an act of Congress. 



TERRITORIES AND TERRITORIAL GOVERNMENT 287 

The government of Alaska is also of the partially 
organized type. By the act of 1900, Congress provided 
for a government consisting of a governor, a surveyor- 
general, a district attorney and four judges, all of whom 
are appointed by the President and confirmed by the 
Senate. The territory also has a delegate in Congress, 
who has the right of debate, but not of voting. He re- 
ceives the same salary as do other representatives. The 
act of Congress of 1912 gave Alaska a territorial legis- 
lature to consist of a Senate, consisting of eight members 
(two from each of the four judicial districts into which 
Alaska is now divided), and a House of Representatives 
of sixteen members (four from each judicial district). 
The legislature is convened biennially on the first Mon- 
day in March and continues in session not longer than 
sixty days. The governor has the veto power, but his 
veto may be passed over by a two-thirds vote of all the 
members of each house. The laws passed by the terri- 
torial legislature are submitted to the President of the 
United States and by him are referred to Congress, which 
has power to disallow any law it may see fit. 

An act passed by Congress, August 24, 1912, provided 
for the government of the canal-strip. The President 
was to continue the existence of the Isthmian Canal Com- 
mission until the completion of the canal, and until he 
deemed it necessary to inaugurate civil government. 
The President issued an executive order in January, 1914, 
by which the Commission was discontinued and a civil 
governor was appointed, with power to name his assistants 
to conduct the government and care for the canal zone 
and the canal. Colonel George W. Goethals, the chair- 
man of the Isthmian Canal Commission and chief 
engineer, was appointed by the President to be the first 
civil governor of the canal zone. 



288 



GOVERNMENT OF THE UNITED STATES 



QUESTIONS 



1. How did the United States first come into possession 
of public lands? 

2. What were the principal provisions of the Organic Act 
for the Northwest Territory? 

3. Give the names and dates of all the territorial lands 
acquired by the United States from the beginning of the 
government up to the present. 

4. Does the Constitution provide for the acquisition 
of territory? 

5. How is the District of Columbia governed? 

6. What is the difference between fully and partially 
organized territory? 

7. Of what value to the United States has been the 
Philippine Islands? 

8. What were the conditions under which the United 
States acquired Porto Rico? 

9. What is the area of our various territorial acquisi- 
tions? 

10. Of what value to the United States is the territory 
of Alaska? 



CHAPTER XI. 

MISCELLANEOUS MATTERS 

Diplomatic and Consular Service. The purpose of 
the diplomatic and consular service may be briefly 
stated to be the following: To assist in adjusting inter- 
national difficulties; to further our commercial inter- 
ests by finding markets for our goods and learning where 
we can buy the cheapest those things our people need; 
to assist our citizens in business and travel; to keep up 
friendly relations with foreign nations; to maintain 
the dignity and rank of our nation among foreign coun- 
tries. The President is at the head of the diplomatic 
and the consular service and the Secretary of State is 
second in charge. The details of the work are carried 
out through two bureaus in the State Department, one 
known as the Diplomatic Bureau and the other known 
as the Consular Bureau. Both diplomats and consuls 
are foreign agents sent by the United States to foreign 
countries. Diplomatic agents represent the political 
interests of the United States, while consular agents 
represent the business interests of the country. The 
title of Ambassador was not created by Congress until 
1893. Previous to that time the highest diplomatic 
agent of the United States was called Minister. There 
are at present four grades of officers in the diplomatic 
service: Ambassadors; Envoys extraordinary; Minis- 
ters resident, and Charge de affaires. In 1914, the 
United States sent ambassadors to ten different coun- 
tries as follows: England, Germany, France, Russia, 

289 



290 GOVERNMENT OF THE UNITED STATES 

Austria, Italy, Japan, Turkey, Mexico, and Brazil. 
To countries of less importance or of lower rank we send 
ministers or envoys. Diplomatic agents have full 
immunity from arrest and their residences are con- 
sidered as foreign territory. They are not subject to 
the laws of the country to which they are sent. The 
salaries of ambassadors are from $17,500 to $12,500 per 
year. The salaries of ministers and envoys are less. 

Consular agents are also divided into four general 
classes as follows: Consuls-General; Consuls; Vice- 
Consuls; Consular Agents. Consuls and consular agents 
are found in almost every large city through the world. 
Wherever the United States has commercial and busi- 
ness interests it must have one or more consular agents. 
The consular agents make monthly reports to the State 
Department concerning the commercial conditions in 
other countries. They keep the business men of the 
country informed concerning the markets for our goods 
in foreign countries, and they furnish information as to 
where our merchants may purchase cheapest the goods 
they want. These reports are all made through the 
State Department, which publishes them in monthly 
statements and sends them through the mails to whom- 
ever may apply for them. 

Federal Finance. The Constitution provides that 
Congress has power to levy and collect its own revenues. 
The two kinds of taxes recognized by the Constitution 
are direct and indirect taxes. A direct tax is one paid 
by a person in the form of money or labor given as a 
tax. An indirect tax is a sum of money added to the 
price of an article and is paid as part of the purchase 
price. The Constitution says all direct taxes shall be 
apportioned among the states on the basis of population. 
It is easy to see the injustice of a tax levied on such basis 



MISCELLANEOUS MATTER 291 

inasmuch as there might easily be twice as much 
property in one state as in another having the same popu- 
lation. Congress had, up to 1913, levied such direct 
tax but five times in our entire history as a nation — 
1798, 1813, 1815, 1816, 1861. Direct taxes are such as 
poll tax, land tax and tax on personal property as horses, 
wagons, jewelry, etc. Indirect taxes are such as duties, 
imposts, excises, etc. Since the Civil War the two 
chief sources of federal income to support the govern- 
ment have been duties on imports and internal revenue 
or excise taxes. In 1909, Congress enacted a law levying 
a tax of one percent upon the net income above $5000 of 
all corporations, joint stock companies, and associa- 
tions. The tariff act of 1913, contained a provision 
levying a graduated income tax on the incomes of all 
persons if the income exceeded a certain amount. 
Therefore at the present time the federal revenues 
are derived from imposts, excises, and direct income 
taxes. The sixteenth amendment to the Constitution, 
in 1913, provided that Congress may levy a direct in- 
come tax on the income of the individual without ap- 
portioning it among the states according to population. 
It is to be remembered that the only direct tax paid by 
the individual for the support of the Federal Govern- 
ment is in the form of the recent income taxes. The 
ordinary taxes paid by every individual who owns 
property or pays poll tax is used for state purposes and 
not for the support of the Federal Government. 

Amendment of the Constitution. Article V of the 
Constitution states the manner in which it may be 
amended. Amendments may be proposed in either of 
two ways, and they may be ratified by the states in 
either of two ways. First, an amendment may be pro- 
posed by being presented in either house of Congress 



292 GOVERNMENT OF THE UNITED STATES 

and passed by a two-thirds vote of each house. Second 
an amendment may be proposed by a convention called 
by Congress at the demand of two-thirds of all the states. 
Ail amendment may be ratified — first, by passing the 
legislatures of three-fourths of all the states, and second, 
by passing conventions called in three-fourths of all the 
states. Congress has power to declare which method of 
ratification may be used. The object of having these 
four ways of amending the Constitution is to afford the 
people the right to demand a change of the Constitu- 
tion if Congress refuses to act. Thus, if Congress re- 
fuses to propose an amendment to the Constitution 
when the people think such is necessary, they may, 
through their legislatures, demand that Congress call a 
convention for that purpose. 

The first ten amendments were added to the Constitu- 
tion in 1790, and serve as a bill of rights. The other 
amendments were added on the following dates: The 
eleventh amendment in 1798; the twelfth in 1804; 
the thirteenth in 1865; the fourteenth in 1868; the 
fifteenth in 1870; the sixteenth and the seventeenth 
in 1913. The sixteenth amendment provides that Con- 
gress may levy an income tax without apportioning it 
among the states according to population. The seven- 
teenth amendment provides for the election of United 
States senators by a direct vote of the people in the 
several states. 



MISCELLANEOUS MATTER 293 

QUESTIONS 

1. Name the four grades of our foreign diplomatic 
agents and state to what countries ambassadors are sent/ 

2. What is the difference in purpose of ambassadors 
and consuls? 

3. What do we mean by "diplomatic immunity"? 

4. What are consular courts? 

5. By what different means is the Federal Government 
supported? 

6. What is the distinction between a direct and an indirect 
tax? 

7. What is a graduated income tax? 

8. In how many ways may the Federal Constitution 
be amended? 

9. Does the first amendment to the Constitution pro- 
hibit a state from passing a law establishing a state religion? 

10. Give the substance of each of the seventeen amend- 
ments to the Constitution. 



APPENDIX 

THE CONSTITUTION OF THE UNITED STATES 

PREAMBLE 

We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defense, promote the general 
welfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of America. 

ARTICLE L 

Section 1 

All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Section 2 

The House of Representatives shall be composed of mem- 
bers chosen every second year by the people of the several 
states, and the electors in each state shall have the qualifica- 
tions requisite for electors of the most numerous branch of the 
state legislature. 

No person shall be a representative who shall not have 
attained the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, 
be an inhabitant of that state in which he shall be chosen. 

Representatives and direct taxes shall be apportioned 
among the several states which may be included within this 

295 






296 GOVERNMENT OF THE UNITED STATES 

Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, in- 
cluding those bound to service for a term of years, and exclud- 
ing Indians not taxed, three-fifths of all other persons. The 
actual enumeration shall be made within three years after the 
first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they 
shall by law direct. The number of representatives shall not 
exceed one for every thirty thousand, but each state shall 
have at least one representative; and until such enumera- 
tion shall be made, the State of New Hampshire shall be en- 
titled to choose three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five, New York six, 
New Jersey four, Pennsylvania eight, Delaware one, Mary- 
land six, Virginia ten, North Carolina five, South Carolina 
five, and Georgia three. 

When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

The House of Representatives shall choose their Speaker 
and other officers, and shall have the sole power of impeach- 
ment. 

Section 3 

The Senate of the United States shall be composed of two 
senators from each state, chosen by the legislature thereof, for 
six years; and each senator shall have one vote. 

Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may be 
into three classes. The seats of the senators of the first class 
shall be vacated at the expiration of the second year; of the 
second class, at the expiration of the fourth year, and of the 
third class, at the expiration of the sixth year, so that one- third 
may be chosen every second year; and if vacancies happen by 
resignation or otherwise during the recess of the legislature of 
any state, the executive thereof may make temporary appoint- 
ments until the next meeting of the legislature, which shall 
then fill such vacancies. 

No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an in- 
habitant of that state for which he shall be chosen. 



CONSTITUTION OF THE UNITED STATES 297 

The Vice-President of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally 
divided. 

The Senate shall choose their other officers, and also a 
President pro tempore in the absence of the Vice-President, or 
when he shall exercise the office of President of the United 
States. 

The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath 
or affirmation. When the President of the United States is 
tried, the Chief Justice shall preside: and no person shall be 
convicted without the concurrence of two-thirds of the mem- 
bers present. 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust, or profit under the United 
States; but the party convicted shall, nevertheless, be liable 
and subject to indictment, trial, judgment, and punishment, 
according to law. 

Section 4 

The times, places and manner of holding elections for sen- 
ators and representatives shall be prescribed in each state by 
the legislature thereof; but the Congress may at any time by 
law make or alter such regulations, except as to the places of 
choosing senators. 

The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

Section 5 

Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall 
constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and may be authorized to 
compel the attendance of absent members, in such manner, 
and under such penalties, as each house may provide. 

Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and with the con- 
currence of two-thirds, expel a member. 



298 



GOVERNMENT OF THE UNITED STATES 



Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as 
may in their judgment require secrecy, and the yeas and 
nays of the members of either house on any question shall, 
at the desire of one-fifth of those present, be entered on 
the journal. 

Neither house, during the session of Congress, shall, with- 
out the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two houses shall 
be sitting. 

Section 6 

The senators and representatives shall receive a compen- 
sation for their services, to be ascertained by law and paid out 
of the Treasury of the United States. They shall, in all cases 
except treason, felony, and breach of the peace, be privileged 
from arrest during their attendance at the session of their 
respective houses, and in going to and returning from the 
same; and for any speech or debate in either house they shall 
not be questioned in any other place. 

No senator or representative shall, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States, which shall have been 
created, or the emoluments whereof shall have been increased 
during such time; and no person holding any office under the 
United States shall be a member of either house during his 
continuance in office. 

Section 7 



All bills for raising revenue shall originate in the House of 
Representatives; but the Senate may propose or concur with 
amendments as on other bills. 

Every bill which shall have passed the House of Repre- 
sentatives and the Senate shall, before it become a law, be pre- 
sented to the President of the United States; if he approve he 
shall sign it, but if not he shall return it, with his objections, 
to that house in which it shall have originated, who shall enter 
the objections at large on their journal and proceed to re- 
consider it. If after such reconsideration two thirds of that 
house shall agree to pass the bill, it shall be sent, together with 



CONSTITUTION OF THE UNITED STATES 299 

the objections, to the other house, by which it shall likewise 
be reconsidered, and if approved by two-thirds of that house 
it shall become a law. But in all such cases the votes of both 
houses shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered 
on the journal of each house respectively. If any bill shall 
not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, unless the 
Congress by their adjournment prevent its return, in which 
case it shall not be a law. 

Every order, resolution, or vote to which the concurrence 
of the Senate and House of Representatives may be necessary 
(except on a question of adjournment) shall be presented to 
the President of the United States; and before the same shall 
take effect, shall be approved by him, or being disapproved 
by him, shall be repassed by two- thirds of the Senate and 
House of Representatives, according to the rules and limita- 
tions prescribed in the case of a bill. 

Section 8 

The Congress shall have power to lay and collect taxes, 
duties, imposts, and excises, to pay the debts and provide for 
the common defense and general welfare of the United States; 
but all duties, imposts, and excises shall be uniform through- 
out the United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations and among the 
several states, and with the Indian tribes; 

To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United 
States; 

To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securi- 
ties and current coin of the United States; 

To establish post-offices and post-roads; 

To promote the progress of science and useful arts by 
securing for limited times to authors and inventors the 
exclusive right to their respective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 



300 



GOVERNMENT OF THE UNITED STATES 



To define and punish piracies and felonies committed on 
the high seas and offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the 
land and naval forces: 

To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions; 

To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be em- 
ployed in the service of the United States, reserving to the 
states respectively the appointment of the officers, and the 
authority of training the militia according to the discipline 
prescribed by Congress; 

To exercise exclusive legislation in all cases whatsoever 
over such district (not exceeding ten miles square) as may, 
by cession of particular states and the acceptance of Con- 
gress, become the seat of the Government of the United 
States, and to exercise like authority over all places 
purchased by the consent of the legislature of the state in 
which the same shall be, for the erection of forts, magazines, 
arsenals, dockyards, and other needful buildings; and 

To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the Government of the 
United States, or in any department or officer thereof. 

Section 9 



The migration or importation of such persons as any of the 
states now existing shall think proper to admit shall not be 
prohibited by the Congress prior to the year one thousand 
eight hundred and eight, but a tax or duty may be imposed 
on such importation, not exceeding ten dollars for each 
person. 

The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

No bill of attainder or ex post facto law shall be passed. 



CONSTITUTION OF THE UNITED STATES 301 

No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed 
to be taken. 

No tax or duty shall be laid on articles exported from any 
state. 

No preference shall be given by any regulation of com- 
merce or revenue to the ports of one state over those of 
another; nor shall vessels bound to or from one state be 
obliged to enter, clear, or pay duties in another. 

No money shall be drawn from the Treasury but in con- 
sequence of appropriations made by law; and a regular state- 
ment and account of the receipts and expenditures of all 
public money shall be published from time to time. 

No title of nobility shall be granted by the United States; 
and no person holding any office of profit or trust under them 
shall, without the consent of the Congress, accept of any 
present, emolument, office, or title, of any kind whatever, 
from any king, prince, or foreign state. 

Section 10 

No state shall enter into any treaty, alliance, or confedera- 
tion; grant letters of marque and reprisal; coin money; emit 
bills of credit; make anything but gold and silver coin a 
tender in payment of debts; pass any bill of attainder, ex 
post facto law, or law impairing the obligation of contracts, 
or grant any title of nobility. 

No state shall, without the consent of Congress, lay any 
imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; and 
the net produce of all duties and imposts, laid by any state 
on imports or exports, shall be for the use of the Treasury of 
the United States; and all such laws shall be subject to the 
revision and control of the Congress. 

No state shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, 
enter into any agreement or compact with another state or 
with a foreign power, or engage in war, unless actually 
invaded or in such imminent danger as will not admit of 
delay. 



302 GOVERNMENT OE THE UNITED STATES 

ARTICLE II. 
Section 1 

The executive power shall be vested in a President of the 
United States of America, He shall hold his office during the 
term of four years, and together with the Vice-President, 
chosen for the same term, be elected as follows: 

Each state shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole 
number of senators and representatives to which the state 
may be entitled in the Congress; but no senator or repre- 
sentative, or person holding an office of trust or profit under 
the United States, shall be appointed an elector. 

[The electors shall meet in their respective states and vote 
by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same state with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each; which list they shall sign and certify, and 
transmit sealed to the seat of government of the United 
States, directed to the President of the Senate. The Presi- 
dent of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the 
votes shall then be counted. The person having the greatest 
number of votes shall be the President, if such number be a 
majority of the whole number of electors appointed; and if 
there be more than one who haVe such majority, and have 
an equal number of votes, then the House of Representatives 
shall immediately choose by ballot one of them for President; 
and if no person have a majority, then from the five highest 
on the list the said House shall in like manner choose the 
President. But in choosing the President the votes shall be 
taken by states, the representation from each state having 
one vote; a quorum for this purpose shall consist of a member 
or members from two-thirds of the states, and a majority 
of all the states shall be necessary to a choice. In every 
case, after the choice of the President, the person having the 
greatest number of votes of the electors shall be the Vice- 
President. But if there should remain two or more who have 
equal votes, the Senate shall choose from them by ballot the 
Vice-President.*] 

•This clause of the Constitution has been amended. See twelfth article of the 
amendments. 



CONSTITUTION OF THE UNITED STATES 303 

The Congress may determine the time of choosing the 
electors and the day on which they shall give their votes, which 
day shall be the same throughout the United States. 

No person except a natural-born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President; neither shall any 
person be eligible to that office who shall not have attained to 
the age of thirty-five years, and been fourteen years a resident 
within the United States. 

In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice- 
President, and the Congress may by law provide for the case 
of removal, death, resignation, or inability, both of the Presi- 
dent and Vice-President, declaring what officer shall then act 
as President, and such officer shall act accordingly until the 
disability be removed or a President shall be elected. 

The President shall, at stated times, receive for his ser- 
vices a compensation, which shall neither be increased nor 
diminished during the period for which he may have been 
elected, and he shall not receive within that period any other 
emolument from the United States or any of them. 

Before he enter on the execution of his office he shall take 
the following oath or affirmation: 

" I do solemnly swear (or affirm) that I will faithfully exe- 
cute the office of President of the United States, and will to the 
best of my ability preserve, protect, and defend the Constitu- 
tion of the United States." 

Section 2 

The President shall be Commander-in-chief of the Army 
and Navy of the United States, and of the militia of the several 
states when called into the actual service of the United 
States; he may require the opinion, in writing, of the prin- 
cipal officer in each of the executive departments, upon any 
subject relating to the duties of their respective offices, and 
he shall have power to grant reprieves and pardons for offenses 
against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the 
senators present concur; and he shall nominate, and, by and 



304 GOVERNMENT OF THE UNITED STATES 

with the advice and consent of the Senate, shall appoint 
ambassadors, other public ministers and consuls, judges of 
the Supreme Court, and all other officers of the United States, 
whose appointments are not herein otherwise provided for, 
and which shall be established by law; but the Congress may 
by law vest the appointment of such inferior officers, as they 
think proper, in the President alone, in the courts of law, or 
in the heads of departments. 

The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting com- 
missions which shall expire at the end of their next session. 

Section 3 

He shall from time to time give to the Congress informa- 
tion of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and 
expedient; he may, on extraordinary occasions, convene both 
houses, or either of them, and in case of disagreement between 
them with respect to the time of adjournment, he may ad- 
journ them to such time as he shall think proper; he shall 
receive ambassadors and other public ministers; he shall take 
care that the laws be faithfully executed, and shall commis- 
sion all the officers of the United States. 

Section 4 

The President, Vice-President, and all civil officers of the 
United States shall be removed from office on impeachment 
for and conviction of treason, bribery, or other high crimes 
and misdemeanors. 



ARTICLE in. 

Section 1 

The judicial power of the United States shall be vested in 
one Supreme Court, and in such inferior courts as the Con- 
gress may from time to time ordain and establish. The 
judges, both of the supreme and inferior courts, shall hold 
their offices during good behavior, and shall, at stated times, 



CONSTITUTION OF THE UNITED STATES 305 

receive for their services a compensation which shall not be 
diminished during their continuance in office. 

Section 2 

The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other public 
ministers, and consuls; to all cases of admiralty and maritime 
jurisdiction; to controversies to which the United States shall 
be a party; to controversies between two or more states; be- 
tween a state and citizens of another state; between citizens 
of different states; between citizens of the same state claim- 
ing lands under grants of different states, and between a state 
or the citizens thereof, and foreign states, citizens, or sub- 
jects. 

In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a state shall be a party, the 
Supreme Court shall have original jurisdiction. In all the 
other cases before mentioned the Supreme Court shall have 
appellate jurisdiction, both as to law and fact, with such ex- 
ceptions and under such regulations as the Congress shall 
make. 

The trial of all crimes, except in cases of impeachment, 
shall be by jury; and such trial shall be held in the state 
where the said crimes shall have been committed; but when 
not committed within any state, the trial shall be at such 
place or places as the Congress may by law have directed. 

Section 3 

Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giv- 
ing them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same 
overt act, or on confession in open court. 

The Congress shall have power to declare the punishment 
of treason, but no attainder of treason shall work corruption 
of blood or forfeiture except during the life of the person 
attainted. 



306 GOVERNMENT OF THE UNITED STATES 

ARTICLE IV. 

Section 1 

Full faith and credit shall be given in each state to the 
public acts, records, and judicial proceedings of every other 
state. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

Section 2 

The citizens of each state shall be entitled to all privileges 
and immunities of citizens in the several states. 

A person charged in any state with treason, felony, or 
other crime, who shall flee from justice, and be found in 
another state, shall, on demand of the executive authority of 
the state from which he fled, be delivered up, to be removed 
to the state having jurisdiction of the crime. 

No person held to service or labor in one state, under the 
laws thereof, escaping into another, shall, in consequence of 
any law or regulation therein, be discharged from such service 
or labor, but shall be delivered up on claim of the party to 
whom such service or labor may be due. 

Section 3 

New states may be admitted by the Congress into this 
Union; but no new state shall be formed or erected within the 
jurisdiction of any other state; nor any state be formed by 
the junction of two or more states or parts of states, without 
the consent of the legislatures of the states concerned as well 
as of the Congress. 

The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this 
Constitution shall be so construed as to prejudice any claims 
of the United States or of any particular state. 

Section 4 

The United States shall guarantee to every state in this 
Union a republican form of government, and shall protect 



CONSTITUTION OF THE UNITED STATES 307 

each of them against invasion, and on application of the 
legislature, or of the executive (when the legislature cannot 
be convened), against domestic violence. 



ARTICLE V. 

The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Consti- 
tution, or, on the application of the legislatures of two-thirds 
of the several states, shall call a convention for proposing 
amendments, which in either case shall be valid to all intents 
and purposes as part of this Constitution, when ratified by 
the legislatures of three-fourths of the several states, or by 
conventions in three-fourths thereof, as the one or the other 
mode of ratification may be proposed by the Congress, pro- 
vided that no amendments which may be made prior to the 
year one thousand eight hundred and eight shall in any man- 
ner affect the first and fourth clauses in the ninth section 
of the first article; and that no state, without its consent, 
shall be deprived of its equal suffrage in the Senate. 



ARTICLE VI. 

All debts contracted and engagements entered into, before 
the adoption of this Constitution, shall be as valid against 
the United States under this Constitution as under the Con- 
federation. 

This Constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
state shall be bound thereby, anything in the Constitution or 
laws of any state to the contrary notwithstanding. 

The senators and representatives before mentioned, and 
the members of the several state legislatures, and all execu- 
tive and judicial officers both of the United States and of the 
several states, shall be bound by oath or affirmation to sup- 
port this Constitution; but no religious test shall ever be 
required as a qualification to any office or public trust under 
the United States. 



308 GOVERNMENT OF THE UNITED STATES 

ARTICLE VII. 

The ratification of the conventions of nine states shall be 
sufficient for the establishment of this Constitution between 
the states so ratifying the same. 

Done in convention by the unanimous consent of the 
states present, the seventeenth day of September, in 
the year of our Lord one thousand seven hundred and 
eighty-seven, and of the independence of the United 
States of America the twelfth. In witness whereof, we 
have hereunto subscribed our names. 

George Washington, President, and Deputy from Virginia. 

New Hampshire — John Langdon, Nicholas Gilman. 

Massachusetts — Nathaniel Gorham, Rufus King. 

Connecticut — William Samuel Johnson, Roger Sherman. 

New York — Alexander Hamilton. 

New Jersey — William Livingston, David Brearly, William 
Patterson, Jonathan Dayton. 

Pennsylvania — Benjamin Franklin, Thomas Mifflin, Rob- 
ert Morris, George Clymer, Thomas Fitzsimons, Jared 
Ingersoll, James Wilson, Gouverneur Morris. 

Delaware — George Read, Gunning Bedford, Jr., John 
Dickinson, Richard Bassett, Jacob Broom. 

Maryland — James McHenry, Daniel of St. Thomas Jenifer, 
Daniel Carroll. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — William Blount, Richard Dobbs Spaight, 
Hugh Williamson. 

South Carolina — John Rutledge, Charles Cotesworth 
Pinckney, Charles Pinckney, Pierce Butler. 

Georgia — William Few, Abraham Baldwin. 

Attest: William Jackson, Secretary 



CONSTITUTION OF THE UNITED STATES 309 

AMENDMENTS 
ARTICLE I. 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech or of the press; or the right of the 
people peaceably to assemble, and to petition the government 
for a redress of grievances. 

ARTICLE II. 

A well-regulated militia being necessary to the security of 
a free state, the right of the people to keep and bear arms 
shall not be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV. 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures 
shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and par- 
ticularly describing the place to be searched, and the person 
or things to be seized. 

ARTICLE V. 

No person shall be held to answer for a capital or other- 
wise infamous crime, unless on a presentment or indictment of 
a grand jury, except in cases arising in the land or naval 
forces, or in the militia, when in actual service in time of war 
or public danger; nor shall any person be subject for the 
same offense to be twice put in jeopardy of life or limb; nor 



310 GOVERNMENT OF THE UNITED STATES 

shall be compelled in any criminal case to be a witness against 
himself, nor be deprived of life, liberty, or property, without 
due process of law; nor shall private property be taken for 
public use without just compensation. 

ARTICLE VI. 

In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the 
state and] district wherein the crime shall have been com- 
mitted, which district shall have been previously ascertained 
by law, and to be informed of the nature and cause of the 
accusation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining witnesses 
in his favor, and to have the assistance of counsel for his 
defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be 
preserved, and no fact tried by a jury shall be otherwise re- 
examined in any court of the United States, than according 
to the rules of the common law. 



ARTICLE VIII. 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained 
by the people. 

ARTICLE X. 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the states, are reserved 
to the states respectively or to the people. 



CONSTITUTION OF THE UNITED STATES 311 

ARTICLE XI. 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of 
another state, or by citizens or subjects of any foreign state. 

ARTICLE XII. 

The electors shall meet in their respective states and vote 
by ballot for President and Vice-President, one of whom, at 
least, shall not be an inhabitant of] the same state with them- 
selves; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons 
voted for as President and of all persons voted for as Vice- 
President, and of the number of votes for each; which lists 
they shall sign and certify, and transmit sealed to the seat of 
the government of the United States, directed to the President 
of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open 
all the certificates and the votes shall then be counted. The 
person having the greatest number of votes for President shall 
be the President, if such number be a majority of the whole 
number of electors appointed; and if no person have such 
majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, 
the House of Representatives shall choose immediately, by 
ballot, the President. But in choosing the President the 
votes shall be taken by states, the representation from each 
state having one vote; a quorum for this purpose shall consist 
of a member or members from two-thirds of the states, 
and a majority of all the states shall be necessary to a choice. 
And if the House of Representatives shall not choose a Presi- 
dent whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the 
Vice-President shall act as President, as in the case of the 
death or other constitutional disability of the President. 

The person having the greatest number of votes as Vice- 
President shall be the Vice-President, if such number be a 
majority of the whole number of electors appointed; and if 



312 GOVERNMENT OF THE UNITED STATES 

no person have a majority, then from the two highest num- 
bers on the list the Senate shall choose the Vice-President; a 
quorum for the purpose shall consist of two-thirds of the 
whole number of senators, and a majority of the whole num- 
ber shall be necessary to a choice. But no person constitu- 
tionally ineligible to the office of President shall be eligible 
to that of Vice-President of the United States. 



ARTICLE XIII. 

Section 1 

Neither slavery nor involuntary servitude, except as a 
punishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States or any place 
subject to their jurisdiction. 

Section 2 

Congress shall have power to enforce this article by appro- 
priate legislation. 

ARTICLE XIV. 

Section 1 

All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside. No state shall 
make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States; nor shall any 
state deprive any person of life, liberty, or property, without 
due process of law; nor deny to any person within its juris- 
diction the equal protection of the laws. 

Section 2 

Representatives shall be apportioned among the several 
states according to their respective numbers, counting the 
whole number of persons in each state, excluding Indians 



CONSTITUTION OF THE UNITED STATES 313 

not taxed. But when the right to vote at any election for the 
choice of electors for President and Vice-President of the 
United States, Representatives in Congress, the executive 
and judicial officers of a state, or the members of the legis- 
lature thereof, is denied to any of the male inhabitants of such 
state, being twenty-one years of age, and citizens of the 
United States, or in any way abridged, except for partici- 
pation in rebellion, or other crime, the basis of representa- 
tion therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such state. 

Section 3 

No person shall be a senator or representative in Congress, 
or elector of President and Vice-President, or hold any office, 
civil or military, under the United States or under any state, 
who, having previously taken an oath as a member of Con- 
gress, or as an officer of the United States, or as a member 
of any state legislature, or as an executive or judicial officer 
of any state, to support the Constitution of the United States, 
shall have engaged in insurrection or rebellion against the 
same, or given aid or comfort to the enemies thereof. But 
Congress may, by a vote of two-thirds of each house, remove 
such disability. 

Section 4 

The validity of the public debt of the United States, au- 
thorized by law, including debts incurred for payment of 
pensions and bounties for services in suppressing insurrec- 
tion or rebellion, shall not be questioned. But neither the 
United States nor any state shall assume or pay any debt 
or obligation incurred in aid of insurrection or rebellion against 
the United States, or any claim for the loss or emancipation 
of any slave; but all such debts, obligations, and claims shall 
be held illegal and void. 

Section 5 

The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 



3J4 GOVERNMENT OF THE UNITED STATES 

ARTICLE XV. 

Section 1 

The right of citizens of the United States to vote shall not 
be denied or abridged by the United States or by any state 
on account of race, color, or previous condition of servitude. 

Section 2 

The Congress shall have power to enforce this article by 
appropriate legislation. 

ARTICLE XVI. 

The Congress shall have power to lay and collect taxes 
on incomes from whatever source derived, without appor- 
tionment among the several states, and without regard to any 
census or enumeration. 

ARTICLE XVII. 

The Senate of the United States shall be composed of two 
Senators from each state, elected by the people thereof, for 
six years; and each senator shall have one vote. The 
electors in each state shall have the qualifications requisite 
for electors of the most numerous branch of the state legis- 
latures. 

When vacancies happen in the representation of any state 
in the Senate, the executive authority of such state shall 
issue writs of election to fill such vacancies; Provided, that 
the legislature of any state may empower the executive 
thereof to make temporary appointments until the people 
fill the vacancies by election as the legislature may direct. 

This amendment shall not be so construed as to effect 
the election or term of any senator chosen before it becomes 
valid as part of the Constitution. 



STATE AND TERRITORIAL STATISTICS 



Date of 
Admission or 
Ratification 
of U. S. Cons. 



Area in 
Sq. Miles 



Popula- 
tion, 1910 



Alabama 

Arizona 

Arkansas 

California 

Colorado 

Connecticut 

Delaware 

Florida 

Georgia 

Idaho 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky , 

Louisiana 

Maine 

Maryland 

Massachusetts . . 

Michigan 

Minnesota 

Mississippi 

Missouri 

Montana 

Nebraska 

Nevada 

New Hampshire 

New Jersey 

New Mexico . . . 

New York 

North Carolina . 
North Dakota . . 

Ohio 

Oklahoma 

Oregon 

Pennsylvania . . . 
Rhode Island . . 
South Carolina . . 
South Dakota . . 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 

Washington .... 
West Virginia . . . 

Wisconsin 

Wyoming 



TERRITORIES 

Alaska 

Dist. of Columbia 
Hawaii 



COLONIAL 
POSSESSIONS 

Porto Rico 

Philippine Islands 

Tutuila, etc 

Guam 

Pana. Canal Zone 



Montgomery . . 

Phoenix 

Little Rock . . . 
Sacramento . . . 

Denver 

Hartford 

Dover 

Tallahassee 

Atlanta 

Boise 

Springfield 
Indianapolis. . . 
Des Moines . . . 

Topeka 

Frankfort 

Baton Rouge . 

Augusta 

Annapolis 

Boston 

Lansing 

St. Paul 

Jackson 

Jefferson City 

Helena 

Lincoln 

Carson City . . 

Concord 

Trenton 

Santa Fe 

Albany 

Raleigh 

Bismarck 

Columbus 

Oklahoma 

Salem 

Harrisburg . . . 
Providence . . . 

Co umbia 

Pierre 

Nashville 

Austin 

Salt Lake City. 
Montpelier . . . 

Richmond 

Olympia 

Charleston 

Madison 

Cheyenne 



Juneau 

Washington 
Honolulu . 



San Juan 
Manila . . 



Dec. 

Feb. 

June 

Sept. 

Aug. 

Jan. 

Dec. 

March 

Jan. 

July 

Dec. 

Dec. 

Dec. 

Jan. 

June 

April 



14, 1819 

14, 1912 

15, 1836 
9, 1850 
1, 1876 
9, 1788 
7, 1787 
3, 1845 
2,1788 
3, 1890 
3, 1818 

11, 1816 

28, 1846 

29, 1861 
1, 1792 

30, 1812 
March 15,1820 
April 28, 1788 

7,1788 
26, 1837 
11, 1858 



Feb. 
Jan. 
May 
Dec. 
Aug. 
Nov. 
March 
Oct. 
Tune 
>ec. 
Jan. 

ii Uly 
Nov. 

Nov. 

Feb. 

Nov. 

Feb. 

Dec. 

May 

May 

Nov. 

June 

Dec. 

Jan. 

March 

June 

Nov. 

June 

May 

July 



10, 1817 

10, 1821 
8, 1889 

1, 1867 
31, 1864 

June 21, 1788 

Dec. 18, 1787 

6, 1912 

26, 1788 

21, 1789 

2, 1889 

19, 1803 
16, 1907 
14, 1859 
12, 1787 
29, 1790 
23, 1788 

2, 1889 
1, 1796 

29, 1845 
4, 1896 
4, 1791 

25, 1788 

11, 1889 

20, 1863 
29, 1848 
10, 1890 

Date of 

Organization 

July 27, 1868 

March 30, 1791 

April 30, 1900 



Date of 
Acquisition 
Dec. 10, 1898 
10, 1898 
2, 1899 
10, 1898 
26,1904 



Dec. 
Dec. 
Dec. 
Feb. 



51,998 

113,956 

53 335 

158,297 

103,948 

4,965 

2,b70 

58,666 

59,265 

84,313 

56,665 

36,354 

56,147 

82,158 

40,598 

48,506 

33,040 

12,327 

8,266 

57,980 

84,682 

46,865 

69,420 

146,572 

77,520 

110,690 

9,341 

8,224 

122,634 

49,204 

52,426 

70,837 

41,040 

70,057 

96,699 

45,126 

1,248 

30,989 

77,615 

42,022 

265,896 

84,990 

9,564 

42,627 

69,127 

24,170 

56,066 

97,914 



590,884 

70 

6,449 



2,138,093 

204,354 
1,574,449 
2,377,549 

799,024 
1,114,756 

202,322 

752,619 
2,609,121 

325,594 
5,638,591 
2,700,876 
2,224,771 
1,690,949 
2,289,905 
1,656,388 

742,371 
1,295,346 
3,366,416 
2,810,173 
2,075,708 
1,797,114 
3,293,335 

376,053 

1,192,214 

81,875 

430,572 
2,537,167 

327,301 
9,113,614 
2,206,287 

577,056 
4,767,121 
1,657,155 

672,765 
7,665,111 

542,610 
1,515,400 

583,888 
2,184,789 
3,896,542 

373,351 

355,956 
2,061,612 
1,141,990 
1,221,119 
2,333,860 

145,965 



64,356 
331,069 
191,909 



3,624,122 



3,435 

115,026 

77 

210 

436 



In U.S. Service abroad 



92,228,531 



1,118,012 

7,635,426 

6,100 

9,000 

50,000 

55,608 



United States 



Washington 3,743,306 101,102,677 

315 



REPRESENTATION OF THE STATES IN CONGRESS AND IN THE 
ELECTORAL COLLEGE 



Senate 



House 
Representatives 



Electoral Vote 



Alabama 

Arizona 

Arkansas 

California 

Colorado , 

Connecticut 

Delaware 

Florida 

Georgia 

Idaho 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts . . 

Michigan 

Minnesota^ 

Mississippi 

Missouri 

Montana 

Nebraska 

Nevada ... 

New Hampshire 

New Jersey 

New Mexico . . . 

New York 

North Carolina . 
North Dakota . . 

Ohio 

Oklahoma 

Oregon 

Pennsylvania 
Rhode Island . . 
South Carolina 
South Dakota . 

Tennessee 

Texas 

Utah 

Vermont 

Virginia 

Washington 
West Virginia. . . 

Wisconsin 

Wyoming 



Total 



10 

7 

11 

4 

5 

1 

4 

12 

2 

27 

13 

11 

8 

11 

8 

4 

6 

16 

13 

10 

8 

16 

2 

6 

1 

2 

12 

1 

43 

10 

3 

22 

8 

3 

36 

3 

7 

3 

10 

18 

2 

2 

10 

5 

6 

11 

1 



435 



13 



14 

4 

29 

15 

13 

10 

13 

10 

6 

8 

18 

15 

12 

10 

18 

4 

8 

3 

4 

14 

3 

45 

12 

5 

24 

10 

5 

38 

5 

9 

5 

12 

20 

4 

4 

12 

7 

8 

13 

3 



531 



Total — 63rd Congress — Commencing March 4, 1913 — Senators, 96; Representatives, 
435; Territorial Delegates — Alaska, 1, Hawaii, 1; Resident Commissioners — Philippine 
Islands, 2, Porto Rico, 1. 

316 



INDEX 



Agricultural Department, 274 
Alaska, 287 
Albany Congress, 226 
Alexandrian Convention, 232 
Amendment of Constitution, U. S., 

291 
Annapolis Convention, 232 
Articles of Confederation, 228 
Attempts at Union of Colonies, 

225 

Bankruptcy, 256 

Cabinet of President, 270 
Charter Government, 217 
Classification of Powers, 242 
Colonial Government, 217 
Colonial Local Government, 219 
Commerce Department, 275 
Commerce Court, 280 
Committee System, 259 
Composition of Congress, 245 
Compromises in the Convention, 

235 
Compensation in Congress, 248 
Confederation vs. Constitution, 

240 
Connecticut Compromise, 235 
Constitution and Courts, 280 
Constitution of United States, 

229 
Consular Service, 289 
Continental Congress, 227 
Copyright, 256 
Counterfeiting, 255 
Court of Claims, 278 

Declaration of Independence, 228 
Delegated powers, 241 
Departments of Government, 270 
Difference in Colonies, 219 
Difficulties in Colonial Union, 223 
Diplomats and Consuls, 289 
District of Columbia, 285 



Duties and powers of the President 
266 

Elastic clause of Constitution, 258 
Election of President, 263 
Electoral College, 263-4 
Executive of the United States, 
262 

Federal Courts, 278 
Federal Convention, 231-36 
Federal Finance, 290 
Franklin Plan, 226 

General Welfare Clause, 258 

Hamilton Plan, 234 
Hawaii, 285 

House of Representatives, United 
States, 246 

Impeachment, 268 
Inauguration Day, 237 
Interior Department, 274 
Isthmian Canal, 287 

Justice, Department of, 273 
Judiciary of United States, 277 
Jurisdiction of Federal Courts, 279 

Labor, Department of, 275 
Legislative Department, 245 
Legislative Process, 250 
Local Government in Colonies, 219 

Marque and Reprisal, 257 
Mason and Dixon Line, 233 
Members Federal Convention, 232 
Military Districts, 221 

Naturalization, 254 
Natural Division of Colonies, 223 
Nature of the Constitution, 239 
Navy Department, 274 
317 



318 



GOVERNMENT OF THE UNITED STATES 



New England Confederation, 225 
New Jersey Plan, 234 

Officers of Houses of Congress, 247 
Olive Branch Petition, 227 
Opposition to Union, 223 
Origin of Constitution, 239 
Origin of Territories, 283 

Panama Canal Zone, 287 
Parish Government, 221 
Passage of Bills, 251 
Patent Rights, 257 
Personnel of Convention, 232 
Philippines, 286 
Piracies and Felonies, 256 
Plans in Convention, 233 
Porto Rico, 285 
Post-office Department, 273 
Post-office and Post Roads, 255 
Powers of Legislation, United 

States, 253 
President, 263 
Presidential Succession, 265 
Proprietary Colonies, 218 

Qualifications for Congress, 246 
Quorum in Congress, 249 



Relation of States to Union, 241 
Ratification of Constitution, 23> 
Royal Colonies, 219 

Salary of Federal Judges, 278 
Salary of President, 265 
Senate of United States, 246 
Sessions of Congress, 248 
Seventeenth Amendment, 292 
Sixteenth Amendment, 292 
Slave Compromise, 236 
Similarities in Colonies, 219 
Speaker, 260 

Special Powers of Congress, 259 
Stamp Act Congress, 226 

Tariff, 291 

Term of Service, Congress, 247 
Territories of United States, 283 
Territorial Government, 284 
Trade Convention, 232 
Treasury, 272 

Union of the Colonies, 222 

Veto Power, 267 
Vice-President, 267 
Virginia Plan, 233 
War Department, 273 
Weaknesses of Confederation, 231 



